The URL can be used to link to this page

Home My WebLink About2008 CON (DEED) City of National City - Deed Restriction - New LibraryNrf RECORDING REQUESTED BY The City Clerk The City of National City 1243 National City Boulevard National City, Ca 91950 WHEN RECORDED MAIL THIS DEED TO THE ABOVE ADDRESS 8596 DOC# 2008-Od44770 I IIIIIYI �I nlll IIIII IIIII IIIII IINI IIIII IIIII IIYI IIIII IIIII III IIII AUG 19, 2008 3:31 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY.J. SMITH. COUNTY RECORDER FEES: 0.00 PAGES: 111111111111111111 I I I 11111111111111111111111111111111111111111111 (Note: This document is recorded on behalf of the City of National City, a municipal corporation, and is exempt from Recorder's fees pursuant to Govt. Code section 27383) DEED RESRICTION UPON THE CITY OF NATIONAL CITY INTEREST IN PROPERTY BEARING ASSESSOR'S PARCEL NUMBER 560-100-04-00 UTILIZED AS THE NATIONAL CITY LIBRARY WHOSE DESCRIPTION IS MORE PARTICULARLY SET FORTH IN THE LEGAL DESCRIPTION AFFIXED AS EXHIBIT "A" WHEREAS the State of California has provided grant funds for the acquisition of land to be utilized as the Main Branch of the National City Library; and WHEREAS the State of California has also provided Bond Act funds for the acquisition and construction of a public library facility; and WHEREAS property bearing San Diego County Assessor's Parcel Number 560-100-04-00 has been acquired by the City of National City for that purpose (bearing San Diego County Recorders Number 2004-0089894); and WHEREAS it is the obligation of the City of National City, as recipient of said grant and Bond Act funding from the State of California, to add to the title record of such property certain deed restrictions required by Education Code sections 19989, 19992 and 19999 and Title 5, Division 2, Chapter 3 Library Bond Act Regulations; and WHEREAS the City of National City wishes to fulfill it's obligation to the State of California under law; NOW THEREFORE, the City of National City, a California municipal corporation and General Law City, being the owner of the land and improvements upon Assessor's Parcel Number 560-100-04-00, hereby stipulate and pledge as follows: 3 8597 The State of California has provided funding for the land (more particularly described in the attached Exhibit "A") and the public library facilities thereon. The City of National City bears a legal obligation to have said land improvements utilized as public library facilities and for direct library services for the 40 year period following October 19, 2006, as specified in Education Code section 19999 and Title 5, Division 2, Chapter 3 Library Bond Act Regulations. The use of said property contrary to these special restrictions shall constitute a violation of the terms of the State of California's grant, and no release, modification or elimination of these restrictions shall be valid prior to the lapse of the period set forth above. Date: AU 9-vr; /8 LDDB at City of National City, California Ron Morrison Mayor STATE OF CALIFORNIA COUNTY OF SAN DIEGO } } State of California County of San Diego On 8' 1 • D R before me, Michael R. Dalla, City Clerk , personally appeared Name & Title of Officer Ron Morrison. Mayor who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, & that by his signatures on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true & correct. WITNESS my hand and offic'al seal Signature /i ichael R. alla City Clerk 8598 Exhibit A LOTS 1 TO 20 INCLUSIVE OF BLOCK 1 OF TEN ACRE LOT NO.7, IN QUARTER SECTION 154 OF RANCHO DE LA NACION, BEING IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 552, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JULY 2, 1888. ALSO ALL OF THE ALLEY OF BLOCK 1 AS CLOSED TO THE PUBLIC. ALSO THE WESTERLY HALF OF THE UNNAMED STREET ("A" AVENUE) LYING BETWEEN BLOCKS 1 AND 2 IN SAID TEN ACRE LOT 7 ADJOINING SAID BLOCK I ON THE EAST AS CLOSED TO PUBLIC USE. ALSO THE SOUTHERLY HALF OF 14TH STREET ADJOINING SAID BLOCK 1 ON THE NORTH AS VACATED AND CLOSED TO PUBLIC USE BY RESOLUTION 5259 RECORDED JULY 11, 1956 AS DOCUMENT NO. 95454 IN BOOK 6174, PAGE 277 OF OFFICIAL RECORDS. RESOLUTION NO. 2008 — 151 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE RECORDATION OF A DEED RESTRICTION UPON THE PROPERTY OF THE NATIONAL CITY PUBLIC LIBRARY (A.P.N. 560-100-04-00), AS STIPULATED BY THE GRANT APPLICATION, AND REQUIRED BY EDUCATION CODE SECTION 19999 AND TITLE 5, DIVISION 2, CHAPTER 3 OF THE LIBRARY BOND ACT, FOR THE RELEASE OF THE GRANT FUND PAYMENT RETENTION WHEREAS, on May 21, 2002, the City Council adopted Resolution 2002-76, approving the submittal to the State of California of a Library Construction and Renovation Bond Act of 2000 Grant Application; and WHEREAS, on July 2 2003, the State gave the City $11,098,330 in grant funds for the acquisition of land and the construction for the National City Public Library; and WHEREAS, it is the obligation of the City of National City, as recipient of said Grant and Bond Act funding from the State, to add to the title record of such property (A.P.N. 560-100-04-00) certain deed restrictions legally obligating the City to have the land utilized as public library facilities and for direct library services for the 40 year period following October 19, 2006, as specified in Education Code Section 19999 and Title 5, Division 2, Chapter 3 of the Library Bond Act Regulations; and WHEREAS, proof of the recording of the Deed Restrictions upon the property is required for submittal to the California State Library for the release of the payment retention in the amount of One Million One Hundred Nine Thousand Eight Hundred Thirty-three Dollars ($1,109, 833.00). NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the recordation of the Deed Restrictions legally obligating the City of National City to utilize the property of the National City Public Library (A.P.N. 560-100- 04-00) for public library facilities and for direct library services for the 40 year period following October 19, 2006, as stipulated by the Grant Application, and required by Education Code Section 19999 and Title 5, Division 2, Chapter 3 of the Library Bond Act Regulations. ATTEST: PASSED and ADOPTED this 5th day of August, 200 Ron Morrison, Mayor APPROVED AS TO FORM: iAali Mi hael R. Dalla,�City Clerk --)0 /0 lie,t4:= George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on August 5, 2008 by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Parra, Ungab, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California Cle k of the City of All I City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2008-151 of the City of National City, California, passed and adopted by the Council of said City on August 5, 2008. City Clerk of the City of National City, Califomia By: Deputy City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE Auqust 5, 2008 AGENDA ITEM NO. 4 (ITEM TITLE A Resolution of the City Council of the City of National City authorizing the recordation of a deed restriction upon the property of the National City Library (A.P.N. 560-100-04-00) as stipulated by the grant application and required by the Education Code Section 19999 and Title 5, Division 2, Chapter 3 of the Library Bond Act for the release of the grant fund payment retention PREPARED BY Charles Nissley DEPARTMENT Engineering EXT. 4396 EXPLANATION See attached Explanation. Environmental Review X N/A MIS Approval Financial Statement Approved By: Finance Director The California State Library will release to the City of National City the 10 percent retention of the construction costs in the amount of $1,109,833.00 and will be deposited to Account No. 241-00000-3463. Account No. STAFF RECOMMEND ' ON A. . pt the Resoluti D/CO N/A l ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Deed Restriction Document - res A-200 (Rev. 7/03)