HomeMy WebLinkAboutCC RESO 7230RESOLUTION GRANTING SPECIAL ZONE VARIANCE
RESOLUTION NO. 7230
Be it resolved by the City Council of the ;City of National City
as follows:
That a special zone variance permit be granted to L. Wendell
Hesseitine and Safeway Stores Co. Inc., for the purpose of
(a) Using a portion of permitees property for offstreet parking in
conjunction with a proposed super -market.
(b) Erecting a sign per Safeway Stores drawing No. S-200 dated
September 9, 1957 and entitled Illuminated Parking Lot Sign, a
copy of which is on file in the office of City Planning
Commission.
Said property is described as follows:
That portion of the East Quarter of the Northeast Quarter of
Quarter Section 106 of Rancho de la Nacion, in the City of National
City, County of San Diego, State of California, according to Map thereof
by Morril No. 166 filed in the office of the County Recorder ofSan
Diego County, described as follows:
Beginning at a point on the East line of said Quarter Section
106, distant thereon 558.00 feet Southerly from the Southerly line of
the Northerly 40.00 feet of said Quarter Section; thence South 71°
22'25'
West 290.00 feet to the East Line of land described in deed
to_the.,City of National City, for street purposes, recorded May 28, 1956
in Book 6119, page 57 of Official records; thence South I8° 23' 35" East
along said East line, 332.00 feet; thence North 71° 22' 25" East 290.00
feet more or Tess, to a point in said East line of Quarter_ Section 106
which bears Southerly 332.00 feet from the Point of Beginning; thence
Northerly along said East line of said Quarter Section, 332.00 feet
to the Point of Beginning.
That said permit is granted upon the conditions and recommendations
of the City Planning Commission as hereinafter set forth:
That the authorization hereby granted shall have no force or
effect whatsoever, until that declaration of restriction dated May 16,
1958 by L. Wendell Hesseltine et ux and Fred Luxton et ux, a copy of
which is hereto attached and by reference hereto is made a part hereof
is recorded in the office of the San Diego County Recorder.
Construction is to be commenced within 7�v wz
��/ days from date hereof.
This permit shall expire 180 days from the date hereof. Any
violation of any of the above conditions will void this permit and
the same shall lapse and be of no effect.
PASSED AND AbOPTED on the 14 day of May , J-958.
ATTkE f:
CITY CLERK
MAYOR
P4PLAAATIoN OF.RESTalqIION
THIS DECLARATION CF RESTRICTION is wade by L. WENDELL
HESSELTINE and LILLIAN HESSELTINE and FRED LUKTON and VIOLET
N. LUKTON, hereinafter referred to as "OWNER".
WITNESSETH:
WHEREAS,„, L. WENDELL HESSELTINE and LILLIAN HESSELTINE
and PRED LUKTON and VIOLET N. LUKTON •are the owners of that
certain parcel of real property located in the City of National
City, County of San Diego, State of California, described as fol-
lows:
The Southerly SO feet of that Portion of the
East Quarter of the Northeast Quarter of Quarter
Section 106 of RANCHO DE LK NACI0N, in the City
of National City, County of San Diego. State of
California, according to Map thereof by Morrill
No. 166, filed in the office of the County Record-
er of San Diego County, described as follow*:
Beginning at the NertheaSterlY corner gf
said quarter Section 1061 thence South 18F 291
East along the Easterly line taereof, 598.00
foot to the TRUE POINT OF BEOINNINS; thence
South 710 17' 25"Ateet 291.35 feet to the East
line of land described in deed to the City of
National City for street Purpose*, recorded
Way 203„ 1956 in Book 6119, page 57 of Official
Records; thence South IS. 20' 35" East (record
South 19 00' East) along said East line
332.00 feet; thence North 71 17' 25" East
291.39 feet to a point in said Easterly line
of QUarter -Section 106; thence North 18° 29'
West along said Easterly line 332,00 feet to
the TRUE POINT OF BEGINNING.
WHEREAS, said OWNERS desire to fix:and impose against
said real property a certain restrictive and protective
condition and covenant upon and subject to which all of saidzeal
property a certain restrictive and protective condition and
covenant upon and subJect to which all of said real property
shall be held, leased, sold, and/or conveyed by said
OWNERS, which condition and restriction is, for the benefit of
said real property, the adjoining landowners and the City of
National City, and such eolititiorls and restrictions shall inure to
and pass with, ail of said real property, and shall apply to and
bind the successors in interest, tranferees or assigns of the
present owners. 1.
14,
NO, I REFORE„ L. WENDELL HESSELTINE and LILLIAN
NESSELTINE and FRED LUXTON and VIOLET N. LukroN declare that
the aforementioned coaditiOn and restriction is as follows:
(1) For each square foot of buildiog
area constructed on said real property, there shall be a ratio
of five (5) square feet of off-street parti.- provided on said
real property, provided however that if any portion of said
real property shall be established, used or maintained as a
drainage Channel or culvert thereby rendering such portion
of said real property unusable or impractical for use as a
parking area that such portico of said real property shall
be considered as a part of said real property in co -,uting
the foregoing building - -parking square footage ratio.
ir IS UNDERSTOOD A AGREED that said condition
and restriction shall operate as a covenant running with the land,
and that a breach or violation thereof may be enjoined, abated,
or remedied by appropriate proceedings by said OWNERS, adjoin-
ing landowners, or the City of National City.
PROVIDED, that a breach of the forgoing conditi
and restriction shall not affect, impair, defeat, or render
invalid, the lien or encumbrance of any mortgage, ar deed of
trust for value which may exist upon said land, which mortgage
or deed of trust shall be prior to, and superior to the condition
and restriction herein.
PROVIDED, ALSO, that no action shall be commenced
to enforce the breach of the condition or restriction herein,
unless and until, notice of such breach setting forth the
extent and nature thereof, has been given to the then owner
or owners of said property, and such breath has not been
remedied within thirty (30) days after the giving of said
notice.
2.
DATED: ; fAY I 1958 64l -
L. NEWELL HESSELTIVE
DATED: MAY
DA'1`D: Y 1958
DATE 3: MAY / %
VIOLET N. LUOON
STATE Cf CALIFORNIA ( 8
COUNTY Cr SAN DIEGO)
On MAY i q , 1958, before eye, the undersigd
Notary Public, in and for said County and S
appeared L. WNDELL HESSELTINE, LILLIAN HESSELTINE,
LU TON ate. VIOLET N. U»CTO ., known to me to be the
r (se names are subscribed to the within instrumento
acknowledged to me that they subscribed their nag*
in abd fax sa.iA County
and State.
SEAL
MY ISI P
&; Cornmissicn Expires Dec. 12,1960