HomeMy WebLinkAboutCC RESO 14,320RESOLUTION NO. 14,320
RESOLUTION ACCEPTING AND APPROVING
EXECUTION OF AGREEMENT BETWEEN IGLESIA NI CRISTO-
CHURCH OF CHRIST AND THE CITY OF NATIONAL CITY
CUP #1978-10
BE IT RESOLVED by the City Council of the City of National City that
the Mayor is hereby authorized to execute and the City Clerk is directed to
accept and record that certain Agreement between IGLESIA NI CRISTO-
CHURCH OF CHRIST and THE CITY OF NATIONAL CITY regarding conditions
imposed on said church as part of the Conditional Use Permit 1978-10.
PASSED and ADOPTED this 8th day of May, 1984.
ATTEST:
b.
AGREEMENT
THIS AGREEMENT made this 3rd day of May
1984 by the undersigned parties.
WHEREAS, the undersigned Iglesia Ni Cristo -Church of
Christ, a religious corporation is the owner of:
(1) 2145 and 2147 Eighth Street, National City,
referred to herein as Parcel I and more particu-
larly described as:
All that portion of the Southeast Quarter
of Quarter Section 130 of the RANCHO DE LA
NACION, in the City of National City, County of
San Diego, State of California, according to the
Map thereof No. 166 made by MORRILL, filed in
the Office of the Recorder of said San Diego
County, May 11, 1869, more fully described in
Exhibit "A" attached hereto and made a part
hereof; and
(2) 2201 Eighth Street, National City, referred to
herein as Parcel II and more particularly described
as:
That portion of the Southerly 180 feet of
the Westerly Half of the Easterly Half of the
Easterly Half of 80 Acre Lot 2 in Quarter
Section 130 of 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, which lies Westerly of a line
which is parallel with and 120 feet Westerly at
right angles from the Westerly line of
Sanitarium Place, according to Map thereof No.
1730, filed in the Office of the County Recorder
of San Diego County, May 10, 1922.
EXCEPTING the Westerly 30 feet of the above
described property.
PAGE ONE OF FOUR
(S
ALSO EXCEPTING THEREFROM the Easterly 60 feet; and
WHEREAS, the undersigned City of National City, a
municipal corporation, has approved Conditional Use Permit
1978-10 subject in part to the recording of this agreement;
and
WHEREAS, it is the desire and intention of all the
parties hereto to restrict the above described lands
according to a common plan as to use and permissible
buildings so that all of said lands shall be benefited and
each successive owner of all or a part of said lands shall
be benefited by the preservation of the value and character
of said lands;
NOW THEREFORE, in consideration of the mutual promises
of the parties hereto, each to the others as Covenantors
and Covenantees, and expressly for the benefit of, and to
bind, their successors in interest, the said parties agree
as follows:
PARKING
(1) Iglesia Ni Cristo -Church of Christ shall provide a
minimum of 54 off-street parking spaces on Parcel I for the
use of a church to be built on Parcel II, said parking
facilities shall be continued so long as the structure
and/or use they are intended to serve is continued pursuant
to Conditional Use Permit 1978-10.
SEVENTH STREET IMPROVEMENT
(2) Iglesia Ni Cristo -Church of Christ shall not
protest any Improvement District Act for improvements on the
Southerly one-half of Seventh Street, National City,
adjacent to Parcel I.
TERM
(3) These covenants are to run with the land and shall
be binding on all parties and all persons claiming under
them for a period of thirty (30) years from the date these
covenants are recorded, after which time said covenants
shall be automatically extended for successive periods of
ten (10) years unless an instrument signed by the City of
National City and the then owners of the lots has been
recorded, agreeing to change said covenants in whole or in
part.
ENFORCEMENT
(4) Enforcement shall be by proceedings at law or in
equity against any person or persons violating or attempting
to violate any covenant either to restrain violation or to
recover damages.
(4a) Breach of this covenant shall be deemed to be a
material breach of Conditional Use Permit 1978-10.
PAGE TWO OF FOUR
SEVERABILITY
(5) Invalidation of any one of these covenants by
judgment or court order shall in no way affect any of the
other provisions which shall remain in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have executed
this Agreement on the day and year first above written.
APPROVED AS TO FORM AND CONTENT:
DONALD F. MCLEAN, JR.
City Attorney for National City,
City of National City, A
General Law City, a
political subdivision of
the State of California.
Iglesia Ni Cristo -
Church of Christ, A
Religious Corporation
r
By: By:
Joven V. Rosquites
Corporate Secretary
State of California, County of San Diego. On this 3rd day
of May , 1984, before me, the undersigned, a
Notary Public in and for said State, personally appeared
JOVENVROSQUITES , known to me to be the
corporate Secretary of the corporation that
executed the within Agreement , known to me
to be the person who executed the within instrument on
behalf of the corporation therein named, and acknowledged to
me that such corporation executed the within instrument
pursuant to its by-laws or a resolution of its board of
directors.
WITNESS my hand and official seal.
JEANEEN M. WALTON
xsnimx
OFFICIAL SEAL
JEANEEN M. WALTON
NOTARY PUBLIC • CALIFORNIA
SAN DIEGO COUNTY
My Comm. Expires June 30, 1987
State of California, County of San Diego. On this day
of , 1984, before me, the undersigned,
a Notary Public in and for said State, personally appeared
, known to me to be
that executed the
within instrument, and known to me to be the person who
executed the within instrument on behalf of
the
therein named, and acknowledged to me that he
executed the same for the purposes therein stated.
WITNESS my hand and official seal.
PAGE THREE OF FOUR
EXHIBIT "A"
ALL THAT PORTION OF THE SOUTHEAST QUARTER OF
QUARTER SECTION 130 OF THE RANCHO DE LA NACION, IN
THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF
NO. 166 MADE BY MORRILL, FILED IN THE OFFICE OF THE
RECORDER OF SAID SAN DIEGO COUNTY, MAY 11, 1869,
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE CENTER LINE OF A PUBLIC
STREET (8TH STREET) 80.00 FEET WIDE, WHICH SAID
POINT IS SOUTH 71°00' WEST, 40 RODS FROM THE
SOUTHEASTERLY CORNER OF SAID QUARTER SECTION 130;
THENCE SOUTH 71°00' WEST 10 RODS; THENCE NORTH
19°00' WEST 225.00 FEET TO THE TRUE POINT OF
BEGINNING; THENCE CONTINUING NORTH 19°00' WEST
369.00 FEET TO THE NORTHWESTERLY CORNER OF LAND
DESCRIBED IN DEED TO LESTER M. LUHNOW, ET UX,
RECORDED AUGUST 4, 1944 IN BOOK 1713, PAGE 360 OF
OFFICIAL RECORDS; THENCE NORTH 71°00' EAST
ALONG THE NORTHERLY LINE THEREOF 165.00 FEET TO THE
NORTHEAST CORNER OF SAID LAND; THENCE SOUTH 19°00'
EAST ALONG THE EASTERLY LINE THEREOF 369.00 FEET TO
THE NORTHEASTERLY CORNER OF LAND DESCRIBED IN DEED
RECORDED NOVEMBER 23, 1954 IN BOOK 5437, PAGE 492
OF OFFICIAL RECORDS; THENCE SOUTH 71°00' WEST ALONG
THE NORTHERLY LINE THEREOF 165.00 FEET TO THE TRUE
POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION LYING NORTHERLY OF
THE EASTERLY PROLONGATION OF 7TH STREET.
EXCEPTING THEREFROM 50 PER CENT OF ALL OIL, GAS,
PETROLEUM, NAPTHA AND OTHER HYDROCARBON SUBSTANCES
AND OF ALL MINERALS OF WHATSOEVER KIND OR NATURE
IN, UPON OR BENEATH THE PROPERTY HEREIN DESCRIBED,
AS RESERVED AND EXCEPTED BY FEDERAL FARM MORTGAGE
CORPORATION IN DEED RECORDED JULY 27, 1939 IN BOOK
916, PAGE 479 OF OFFICIAL RECORDS OF SAID SAN DIEGO
COUNTY.
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