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HomeMy WebLinkAboutCC RESO 7355RESOLUTION NO. 7355 RESOLUTION APPROVING THE PROPOSED SALE OF REAL PROPERTY OWNED BY CITY OF NATIONAL CITY BETWEEN FOURTH AND DIVISION STREETS The City Council of the City of National City does hereby resolve, determine and order as follows: 1. By adoption of Resolution No. 7283 on July 22, 1958, this City Council did find and determine that the public interest and convenience requires the sale of all that certain real property more particularly described in said Resolution, which said description is made a part hereof by reference. 2. That said resolution was duly published in the National City Star News, a newspaper published in the County of San Diego, State of California and was also posted for not Tess than ten days in at least three conspicious places upon each parcel of real property affected. 3. That this City Council did duly conduct a hearing regarding said proposed sale on the 12th day of August, 1958 at the time and place fixed by said resolution. That at said hearing, no protests, either written or oral, were received against said proposed sale. 4. That following the said hearing, the City Council did consider the best means of selling said real property for the common benefit of the citizens of the City of National City. That after extensive study of all pertinent factors, the City Council does now find and determine that it is for the best interest of the City of National City and the residents thereof that said real property should be advertised for sale on the following bags: a. That the proposed sale shall be by sealed bid, with an opportunity granted to increase the highest bid received. b. Notice of sale in substantially the form set out in Exhibit A hereto attached and by reference made a part hereof is hereby approved and adopted. c. That said sale shall be made upon the under- standing that a document entitled "Establishment of Covenants Running With Land", a copy of which is attached hereto as Exhibit B and made a part hereof by reference shall be recorded in the office of the San Diego County Recorder prior to the time that City of National City conveys the property to the successful bidder. d. That the terms and conditions for said sale set out in Exhibit C hereto attached and by reference made a part hereof are hereby approved and adopted. That a commission may be paid to a duly licensed real estate agent for securing a successful bidder pursuant to these terms and conditions. 5. The City Clerk be and hereby is authorized and directed to publish notice of said proposed sale in at least three separate issues of the National City Star News and shall post notice of such proposed sale in at least three conspicious places in National City, California. PASSED AND ADOPTED this 2nd day of December, 1958. ATTEST: CITY CLERK MAYOR NOTICE OF PROPOSED SALE OF REAL PROPERTY OWNED BY CITY OF NATIONAL CITY NOTICE IS HEREBY GIVEN that City of National City invites sealed bids for purchase of certain real property owned by tha City between 4th and Division Streets consisting of approximately sixty-five (65) acres. The legal description of said property, the terms and conditions of sale, the regulations for payment of a real estate commission on account of said sale, the covenants and restrictions to be imposed upon said real property and other particulars may be secured from the City Clerk at her office, 1243 National Avenue, National City, California. The sealed bids will be opened at a regular meeting of the City Council of Nationai City on January 27, 1959 at the hour of 2:00 p.n. Thereafter', the City Council will accept additional bids. The first shall be not less than TY. greater than the highest sealed bid. The minimum price to which said property will be sold is tie sum of :$240,000.00 net. The City reserves the right to reject any and all bids. DATED: December 2, 1958. City Clerk of National City LAHipiT A ESTABLISHMENT OF COVENANTS RUNNING WITH LAND This instrument made and executed on the ;'? - 'day of /jC - _ --- , 1958, by the City of National City, a municipal corporation, duly organised and operating pursuant to the laws of the State of California, WITNESSETH: WHEREAS, the City of National City is the owner of all that real pro- perty situated in the City of National City, County of San Diego, State of California, more particularly described as follows: Those portions of the northwest quarter of Quarter Section 105 and of 80 Acre Lot 1 of Quarter Section 130 in 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, described as follows: Beginning at the northwesterly corner of said Quarter Section 105, said point being also the northeasterly corner of said 80 Acre Lot 1; Thence from said point of beginning northeasterly along the north line of said quarter section 1323. 94 feetmore or less to the northeasterly corner of said northwest quarter of said Quarter Section 105; Thence southeasterly along the east line of said northwest quarter 1290. 40 feetmore or less to the southeasterly corner of said northwest quarter; Thence southwesterly along the southerly line of said northwest q enter 1323. 75 feet more or less to the southwesterly corner thereof, being also the southeasterly corner of said 80 Acre Lot 1; Thence southwesterly along the south line of said;,80 Acre Lot 1 a distance of 1124.70 feet; Thence northwesterly along the east line of El Toyon Park and the southerly extension thereof 639. 58 feet more or less to the most southerly corner of that parcel conveyed to the National School District by deed recorded in Book 4313, Page 473, of Official Records of San Diego County; Thence northwesterly along the easterly line of said parcel and the northerly extension thereof 668. 89 feet more or less to the north line of said 80 Acre Lot 1; Thence northeasterly along The north line of said B0 Acre Lot 1 a distance of 1015. 52 feet more or less to the point of beginning. Excepting therefrom the northerly 165 feet of the southerly 990.40 feet of the easterly 150 feet of said northwest quarter of said Quarter Section 105; Also excepting therefrom the northerly 40 feet and the southerly 40 feet for street purposes; Also excepting therefrom that parcel dedicated by the City of National City for street parposss by Rae -glutton No. 6766, adopted October 16, 1956. The City of National City reserves an eneemsnt for access purposes over the easterly 30 feet of said northwest quarter of maid puarter Settles MS Tulii111;IT B WHEREAS, the City of National City, hereinafter referred to as "City," before selling and conveying said real property, desires to subject all of said real property to certain conditions and restrictions for the pro- tection and benefit of the prospective owners thereof, NOW, THEREFORE, said City of National City hereby certifies and declares that it has established and does hereby establish the following general plan for the subdivision of said property and for the protection and benefit of all said real property, and has fixed and does hereby fix the following pro- tective conditions and restrictions upon andsubject to which said real pro- perty and the whole thereof, and any part thereof, whether subsequently divided into separate lots or otherwise, shall be held, leased or sold or conveyed by it as owner; and that such conditions and restrictions shall inure to and pass with said real property, the whole or any part thereof, and with each and every lot created from said property, and shall apply to and bind the respective successors in interest of the City of National City. The con- ditions and restrictions hereby so established are as follows: 1. Any subdivision of said property shall be into lots of not less than 6500 square feet in area having a frontage of not less than 60 feet. 2. Said lots shall be used for residential purposes only. No building shall be erected, constructed, altered or maintained on any of said lots other than a dwelling for a single family (including guests and household servants) with customary and suitable outbuildings. 3. No building of any kind shall be moved from any other place onto any of said lots, or from one lot onto another lot, without the prior written permission of the National City Planning Commission. 4. No dwelling or outbuilding thereon shall be more than one story in height, without the prior written permission of the National City Planning Commission. 5. The floor square foot area of any dwelling thereon, exclusive of porches, patios and garages,shall not be less than 11110 square feet. 6. No second hand material shall be used in the construction of any building or other structure, without the prior written approval of the Nat City Planning Commission, -2- kak1IBI? 7. No alteration shall be mad. in the exterior desigs of axe structure unless such alteration, including any addition. shall have first been approved in writing by the National City Planning Commission. 8. No tent, shack, trailer or outbuilding shall at any time be used on any lot as a residence, either temporarily or permanently, nor small any residence of a temporary character be placed or erected on any lot. 9. No sign of any kind or for any use or purpose whatsoever shall be erected, posted, pasted, painted or displayed upon any of said lots or upon any building or structure thereon, excepting one advertising the premises for sale or rent. 10. No well for the production of, or from which there is produced., water, oil or gas shall be operated upon any lot; nor shall arty machinery, appliancers or structure be placed. operated or maintained thereon for use in connection with any trading, manufacturing or repairing business. 11. No turkeys, geese, chickens, ducks, pigeons, or fowl of any kind, or goats, rabbits, hares, horses, or animals usually termed "farm asdnsals," shall be kept or allowed to be kept on any of said lots. 12. No dog raising or cat raising, or any kind of commercial business, shall be conducted on any of said lots; and no part of any lot shall be used for the purpose of vending liquors; and nothing shall be done upon any lot which mar become an annoyance or nuisance to the neighborhood. 13. EACH AND ALL OF THE FOREGOING CONDITIONS .AND RESTRIC- TIONS ARE TO RUN WITH THE LAND AND SHALL BE BINDING UPON ALL PARTIES AND ALL PERSONS CLAIMING UNDER THEM, UNTIL JAMARAC . FIRST, NINETEEN HUNDRED EIGHTY, and shall than be continued automa- tically and without further notice for a period of ten years, and thereafter for successive periods of ten years each, without limitation, unless within six months prior to January first, 1980, or within six months prior to tie. expiration, of any successive ten-year period thereafter. a written agree- ment, executed by the than record owners of more than cots -half of the lots in said property (but excluding the necessity for execution of said agresmsat by any hol.de r , -3- MI18I! b mortgagee, or trustee of any note or deed of trust) is placed of record in. the office of the County Recorder of San Diego, San Diego County, California, by the terms of which agreement said conditions are modified, or revoked, in whole or in part. 14.. The City Council of the City of National City may at any tint* that it deems a breach of these conditions and restrictions has occurred, execute, acknowledge and record in the Recorder's Office of San Diego County a Notice of Claim of Breach setting forth the facts of such breach, describing the lot or lots upon which such breach has occurred and setting forth the name of the owner or owners thereof. Such notice upon being recorded, shall be notice to all persons of such breach, provided an action has been commenced within sixty (60) days after the recording of such notice to establish such breach, and if no such action has been commenced within such sixty-day period, than and in that event such notice ahall be of no force and effect whatsoever and the breach set forth in said notice shall be presumed to have been remedied, 15. The owner of any encumbrance made for value on any said lot or lots and any corporation insuring the lien of any such encumbrance may con- clusively presume that no breach exists under these conditions and restrictions, provided such encumbrance is recorded in the office of the County Recorder of San Diego County prior to the commencement of any action to establish any such breach and more than sixty days after the recording of art/ Notice of Claim of Breach, anything herein contained to the contrary notwithstanding 16. In the event any condition or restriction herein contained be invalid, or held invalid or void by any court of competent jurisdiction, such invalidity or nullity shall in no way affect any other condition or restriction herein con- tained. 17_ No waiver of a breach of any of the foregoing conditions or restric- tions shall be construed as a waiver of any succeeding breach of the same, or any other condition or restriction. IT IS UNDERE TOOD AND AGREED that said conditions and restrictions shall operate as covenants running with the land and that a breach of visia.tion than of shall cause thu lot or lots upon which such breach occurs to revert to the City of National City, who shall have the right of re-entry irR+.s<e.i{te1y upsa D11f11kIT li said premises in the event of any such breach; and as to said City and the owner or owners of any lot or lots, including any bona fide purchaser under contract, the foregoing conditions and restrictions shall operate as covenants running with the land and a breach of any of them, or a continuance of any such breach, may be enjoined, abated. or remedied by appropriate proceed- ings by said City or by the owner or owners of any lot or lots; PROVIDED that a breach of the foregoing conditions and restrictions, or a re-entry or reversion by reason of any such breach, shall not affect, or render invalid the lien of any mortgage or deed of trust made for value which may then be a lien, or become a lien, upon said property; but such conditions and restrictions shall be binding upon and effective against any owner, and heirs, devisees, executors, administrators, successors and assigns of any owner, whc,se title is acquired under or through any such mortgage or deed of trust by foreclosure, trustee's sale, or otherwise; PROVIDED ALSO that the rights of the City in and to any lot, arising by reason of a reversion of the title to said lot occurring under a breach of these con- ditions and restrictions, shall not be exercised until, and no action shell be brought to enforce or establish such reversion unless, a. notice of such breach, setting forth the facto of the breach, has been given to the owner of said lot, and such breach has not been remedied within thirty days after the giving of such notice, which shall be deemed to have been sufficiently and legally given if sent by registered wail, postage prepaid, to the owner of ® ,id lot at the street address thereof. IN WITNESS WHEREOF, the City of National City, a municipal cor- poration, as such owner, has duly executed this instrument the day and year first hereinabove written. Attest: City Clerk CITY OF NATIONAL CITY B Y -g- Mayor BDiIBIT g STATE OF CALIFORNIA ) > us. COUNTY OFSAN DIEGO ) OnZeiajklie ,fc'Liu cj/ 1958, before me, a notary public in and for said county and state, personally a erred WALTER F. HODGE and IRENE M. ALSTON, known to me to be the mayor and city c1e zk of the municipal corporation that executed the within instrument, and acknowledged to me that such corporation executed the same, (Seal) rY or s ���; c n ounty and State My Commissien Expires August 22,1959 -b- 1IBIT 3 TERMS AND CONDITIONS FOR PROPOSED SALE OF REAL PROPERTY OWNED BY CITY OF NATIONAL CITY BETWEEN FOURTH AND DIVISION STREETS The City Council of National City has determined that any bid submitted for purchase of that certain real property awned by said City and more particularly described in document entitled "Establishment of Covenants Running With Land" hereto attached shall be subject to the following terms and conditions, to which each bidder agrees by submitting a bid. The terms and conditions are as follows: 1. The property may be sold on the basis of at least one- fourth down, 10% of which must be submitted with the bid, the balance to be paid not more than thirty (30) days after acceptance of the bid by City. 2. A note may be given for the 75% balance to be payable in three equal annual installments, together with 5; interest. Said note shall be secured by a Deed of Trust. Said Deed of Trust may provide for releases on an individual lot basis. 3. Real estate agents desiring to receive a commission for securing bidders may register with the City Clerk without fee. Only an agent or broker having a valid license issued by the State of California and having registered prior to the time of submitting a bid, shall be eligible to receive any commission. 4. In determining the high bid, the City Council shall consider the net sum to be realized by the City after the payment of a commission. Each bid shall state the amount of commission, if any, to be paid. 5. In the event that the property is sold as a result of a bid received in open meeting of the City Council, only the amount by which the successful bid exceeds the highest sealed bid shall be used as the basis for computing a 1 aEiIa[T C commission to the agent securing the successful bid. In such event, the agent securing the highest sealed bid shall receive a commission based on the amount of the highest sealed bid. 6. Any commission shall be paid only upon receipt of cash by the City on account of the sale. 7. If an escrow is desired, all costs shall be borne by purchaser. 8. The minimum acceptable bid will be $240,000.00 net to City. 9. The City Council reserves the right to reject any and all bids. -2- F HIBI'P...C.