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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 III I iI 4 llll IIIII IIII IIIII III I I III IIII II!Ii lII iIIII Il OCT 09, 2007 11:01 AM CiFFu_I.k�RECURCs FJ G:ELio i_iJUN 1`( 1Ef' Ir,oFF;'; !,BEGUN'. i : Fdi I d, CU,JN F:E; f1RI)ER FEE5 5„ tiO PAGES: 6 IIIii lull 11l11111 IIIII 1111 HIII 11ll Hill 1111 HIII 11111111 HIII Nil 111 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 6 1800 1900 1940 2020 2050 Q J m >- I 0 J Q Z 0 Q Z 11741 EXHIBIT B II P I• -I: 9:I=16'15151 N N 18th STREET 1807 X 8 N 0 N N A 1820 1889 1901 1905 1903 1907 1935 1922 1928 2108 2133 2122 22nd W D Z W Q 1824 1837 1835 1847 1828 1846 1903 1921 1923 1925 /1931 Q 1937 1902 1910 191 1928 1934 1943 1940 20th STREET 2005 2015 2023 2031 0 2004 2014 2010 2020 2032 m 2040 21 st 2107 2113 2112 2119 2120 2125 2126 2131 2132 2137 A 2138 STREET W Z w m n N MI N 1821 1827 1843 1845 1907 1901 1 1919 1925 1923 1933 1941 2011 2021 2029-33 2031 2035 039 2107 2113 2119 2125 2131 2137 1931 A STREET EXHIBIT uAu ,_.. f... SIDEWALK h tfi or i 'A AVENUE e 59.9, 1931 'A" AVENUE SETBACK 20 Yjr1Y.�///. / ; / // / // /�/ t ( ° O .o-,r SETBACK 5'-O" / /////ALLEY //// / / / . '/ / ! / / // / !CON511UC11ON OF 650 50'FT, Off` POM-AN17 CFMmT CONCIEM .r 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)