HomeMy WebLinkAbout2007 CON Covenant Running With The Land - 1931 A Ave. - RuvalcabaPLEASE COMPLETF, THIS INFORMATION:
RECORDING REQUESTED BY:
City Of National City
AND WHEN RECORDED MAIL TO:
City Of National City
Engineering Department
1243 National City Blvd.
National City, CA 91950
CDOC # 2007-065077 5
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OCT 09, 2007 11:01 AM
CiFFu_I.k�RECURCs
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TIIIS SPACE FOR RECORDERS USE ONLY
COVENANT RUNNING WITII THE LAND
(Please till in document title(s) on the this line)
f[IIS PAGE ADDED TO PROVIDE ADEQUATE SPACF, FOR RECORDING INFORMATION
(Additional recording fec applies)
I1
COVENANT RUNNING WITH THE LAND
This COVENANT is made by Miguel & Norma Ruvalcaba hereinafter referred to as "OWNER".
WHEREAS OWNER is the owner of that certain real property located in the City of National City,
County of San Diego, State of California, described as follows: LOT 7 & 8 IN BLOCK 2 OF LEIGHTON
SIJBDIVISION, IN TIIE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF
CALIFIRNIA ACCORDING TO MAP 1481 RECORDED AT SAN DIEGO COUNTY, OCTOBER 10,
1912
WI IEREAS, said owner desires to be excused from the legal requirements to install the
following improvements:
CONSTRUCTION OF 650 SQ. FT. PORTLAND CF,MEN'I' CONCRETE OF A PORTION OF TIIE
EXISTING DIRT ALLEY ADJACENT TO TIIE PROPERTY. SEE ATTACHED EXHIBTT "A" & "B".
NOW, TI IEREFORE, in consideration for the granting of a deferral to install said
Improvements by the City Council of the City of National City, said owner covenants for
TIIEMSEI.VES and TIIEIR heirs, successors, assigns, executors and administrators as
follows:
1. The owner will not protest the installation of any of the required improvements under 1913-
1915 Improvement Act Program, whether initiated by the property owners or the City.
2. The owner will install said improvements in conjunction with an overall improvement
program of the area, whether initiated by the property owners or the City.
3. The owner will install the required improvements within 30 (Thirty) days of a written
demand to do so by the City Engineer.
Date: July 2, 2007 Miguel A. Ruvalcaba
Norma Ruvalcaba
Engineering Department No. 6973 By:
ALL PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFOR COUN F
COUNTY OF /Z /4;
On G before me 'g/1la/M_J fr)G(/f )/Q ?TU
personally appeared /6""/19 -/ �9Ci Ul'l2-�"L�'a Y L) M9,/exik / G/g
/pU Ua/CaL
(or proved
to me on the basis of satisfactory evidence) to be the person whose name(s)is/are subscribed to the within
instrument and acknowledged to me that l�e/s#Pe/they executed the same in•er/their authorized capacity(ies),
and that by hls/bea/their signature(s) on the instrument the person(s) or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
(This area for official notarial seal)
Signatu
GOVERNMENT CODE 27361.7
1 CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE
DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS:
Name of the Notary: /91)Li47,c4,9 ,Bow Z
Commission Number: /733 78B Date Commission Expires: 4Z ZYdO//
County Where Bond is Filed: s•9it) /Eery
Manufacturer or Vendor Number: /v /(1Al.1
(Located on both sides of the notary seal border)
Signature:
Firm Name (if applicable)
•
Place of Execution: lv.OV,v.c' az G/ry 44Y. Date: 12fTO•5tie dram .too,
Rec. Form /RIO (Rev. 7/961
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1931 A STREET
EXHIBIT uAu
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'A AVENUE
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1931 'A" AVENUE
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!CON511UC11ON OF 650 50'FT, Off`
POM-AN17 CFMmT CONCIEM
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RESOLUTION NO. 2007 — 198
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
APPROVING A DEFERRAL OF THE REQUIREMENTS OF
SECTION 13.22.060 OF THE MUNICIPAL CODE, AND APPROVING
A COVENANT RUNNING WITH THE LAND TO THE OWNER
OF THE PROPERTY LOCATED AT 1931 "A" AVENUE
WHEREAS, Miguel and Norma Ruvalcaba, owners of the property located at
1931 "A" Avenue, have applied to the City for a building permit for construction on their property
which will require the construction of 650 square feet of Portland cement concrete of alley
section adjacent to his property pursuant to National City Municipal Code ("NCMC") Section
13.22.060; and
WHEREAS, the property owner has requested and qualifies for a deferral from
said requirements as provided for in NCMC Section 13.22.090; and
WHEREAS, the property owner has paid a deferral fee and executed a
Covenant Running with the Land as required.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby approves the deferral of the requirements of Section 13.22.060 of the
Municipal Code requirements, and approves a Covenant Running with the Land to the owners
of the property located at 1931 "A" Avenue.
PASSED and ADOPTED this 21st day of Augu 1, 2' '7
Ron Morrison, Mayor
ATTEST:
Foe. Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
Passed and adopted by the Council of the City of National City, California, on August
21, 2007 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Natividad, Parra, Ungab.
Nays: None.
Absent: Councilmember Zarate.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
City Cle k of the City of National City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2007-198 of the City of National City, California, passed and
adopted by the Council of said City on August 21, 2007.
City Clerk of the City of National City, California
By:
Deputy
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE August 2I. 2007
AGENDA ITEM NO.
4
ITEM TITLE Resolution of the City Council of the City of National City approving a deferral of the
requirements of Section 13.22.060 of the Municipal Code, and approving a Covenant Running with the
Land to property owner at 1931 A Avenue
PREPARED BY
EXPLANATION
Mauro Nebreja
DEPARTMENT Engineering EXT. 4395
Miguel and Norma Ruvalcaba, owners of the property at 1931 A Avenue, National City applied for a
building permit. The property is served by a dirt alley in the back of the property and requires the
construction of 650 sq. ft. of Portland Cement Concrete per City Ordinance No. 1491.
The owners have requested a deferral of said ordinance because of the following:
1) The City has not done a preliminary survey or design of the alley.
2) Construction of a portion of the alley might not meet the future requirements when the final design
comes in, such as flow line elevations and centerline.
It is recommended that this request for the deferral of Ordinance No. 1491 be approved.
J
cEnvironmental Review X N/A
Financial Statement
MIS Approval
Approved By:
Finance Director
Deferral fee will be deposited to Account No. 001-3585-21000, Miscellaneous Revenue.
Account No.
STAFF RECOMMENDATION
d••tt - Resolution.
= ARD / COMMISSION RECOMMEDATION
N/A
rATTACHMENTS (Listed Below)
1. Resolution
2. Signed and Notarized Covenant Running
with the Land.
3. Exhibit "A" Showing the dirt alley that needs the construction
Of 650 sa. ft. of Portland Cement Concrete
L
Resolution No. O O `1 - Ck
4. Exhibit "B" map showing the location of the property
5. Receipt of 5441.00 deferral fee.
1931
A-200 (Rev. 7ro3)