(1) The sale or conveyance of any alley, street, public way, or any portion thereof, shall include the following provision, covenants and restrictions:
(a) There is reserved by and unto the grantor, a perpetual easement or right-of-way over, under and across the above described property for the purposes of installing, repairing, maintaining or otherwise using sewer, electric, gas or other utilities.
(b) The purchaser covenants and agrees to and with the grantor that it will not construct or move thereon any buildings of any kind on the above described land.
(c) The parties mutually covenant and agree that the purchaser will not sell and convey any portion of said property to any other firm, corporation or individual without first informing the City and giving the City an opportunity to repurchase the above described land at the same price the purchaser paid the City under this conveyance. (Ord. #529, 09/07/78; Ord. #579, 01/06/83).
(2) Provided, however, that if the Board of Commissioners shall determine that it is in the best interest of the City for property covered by the exemptions listed in 12-302(2) to be sold without the provisions, covenants and restrictions as stated in Subsection 1 of this chapter, then said property may be sold without the aforementioned provisions, covenants, and restrictions if said property shall meet the qualifications of 12-302(b). (Ord. #579, 01/06/83).