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HomeMy WebLinkAboutCC RESO 9473RESOLUTION ND. 947E RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (Frank A. Schaap) BE IT RESOLVED by the City Council of the City of National City, California, as follows: That certain Agreement for Installation of Improve- ments and Covenant Running with Land dated October 23, 1967, a copy of which is attached hereto and made a part hereof by reference, is hereby approved and accepted, and the Mayor and City Clerk are authorized and directed to execute the same for and on behalf of the City of National City. PASSED AND ADOPTED this 24th day of October, 1967. ATTEST: AGREEMENT FOR INSTALLATION OF IMPROVEMENTS AND COVENANT RUNNING WITH LAND THIS AGREEMENT made and executed on the (4• "9L73) 23rd day of October , 1967 by and between the CITY OF NATIONAL CITY, a municipal corporation, hereinafter referred to as CITY, and FRANK A. SCFiAAP; a married man , hereinafter referred to as OWNERS. WITNESSETH: WHEREAS, OWNERS hold title in fee simple to all that certain real property situated in the City of National City, County of San Diego, State of California, more particularly described as follows: The Northerly 147 feet of the Easterly 210 feet of the Southerly Half of the Southeast Quarter of 40 Acre Lot 1, Quarter Section 132 of Rancho de la Nacion, according to Map No. 166 filed in the.Office of the County Recorder of San Diego County, May 11, 1869. WHEREAS, for a good and valuable consideration, receipt of which is hereby acknowledged, OWNERS desire to make this agreement with CITY. NOW, THEREFORE, IN OONSIDERATION OF THE MUTUAL COVENANTS HEREIN CONTAINED, IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: 1.•� OWNERS, for themselves and for their successors in interest in ,the above described real property hereby agree to install and maintain two off-street parking P g spaces ' �or each commercial` W` .". 1,000 square feet of gross floor area in any building erected on said premises. 2. OWNERS, for themselves and for their suc- cessors in knterest in the above described real property hereby agree to grade said property so that all drainage shall be towards Palm Avenue and to install curb, sidewalks and gutters along the portions of said property bordering Palm Avenue,. according to CITY'S standard plans and speci- fications in a good and workmanlike manner. OWNERS agree that said work shall be completed at the time of first erecting any improvements upon said real property, or in the event of the improvement of Palm Avenue upon demand of CITY, whichever should first occur. In the event that OWNERS or their successors in interest, shall fail to so grade or to install sidewalks, curbs and gutters within the time speci- fied, CITY is hereby given the right to do so at OWNERS' cost. and expense. In the event that OWNERS do so fail to grade or to install curbs, sidewalks and gutters and CITY does grade the property and install them OWNERS agree to reimburse CITY for the cost of such grading and installations within fifteen (15) days after the completion of such work. 3. CITY is hereby given a lien against the above described real property as security for the repayment of any costs incurred by CITY in making any improvement agreed to be made or paid for by OWNERS by this agreement. OWNERS further agree to pay a reasonable attorney's fee in the event that CITY brings legal action to collect from OWNERS, or their suc- ,cessors in interest, any sum incurred by CITY in making such improvements. 4. This agreement is binding upon the OWNERS, Heirs, Assigns, Executors, Administrators or Successors in interest, and is hereby specifically made a lien upon and a covenant running with the land above described. S. As used in this agreement, the singular number and the masculine and neuter gender shall include the plural number and the feminine and neuter gender and conversely. IN WITNESS WHEREOF, the CITY OF NATIONAL CITY has executed the foregoing agreement by the Mayor of said and the OWNERS have set their hands to this agreement day and year first hereinabove written. CITY OF NATIONAL CITY CITYCLERK_ TO 447C (individual) STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. On October 23, 1967 before me, the under- signed, a. NotaryPublic in. and for said State, personally appeared FRANK A. SCHAAP and WALTRAUD SCHAAP known to me to be the person S whose name S a resnbscribed to the within instrument and acknowledged that they executed the same. WITNESS my hand and official seal. (Seal) L//// Y� Signature TAKE V 5, C„ ft p or rrntctdl 974 Notary Public in and for said State City, the DIANE V. VAUGI-IAN NOTARY PUBLIC • CALIFORNIA PRINCIPAL OFFICE IN LOS ANGELES COUNTY "'.°�"n'^newr�„imecnmm:nrmm�m,ul�aa��a,,,,,n,,,,,,,•,,,y�n�