HomeMy WebLinkAbout2020-01-14; City Council; ; Acquisition of 2678 Alameda Circle, an affordable housing resale unit, and expenditure of Community Development Block Grant funds in the amount of $235,000.CA Review ~
E) S~~fi R~p
Meeting Date:
To:
From:
Staff Contact:
Subject:
Jan. 14,2020
Mayor and City Council
Scott Chadwick, City Manager
David de Cordova, Principal Planner
david.decordova@carlsbadca.gov or 760-434-2935
Acqui?ition of 2678 Alameda Circle, an affordable housing resale unit, and
expenditure of Community Development Block Grant funds in the amount
of $235,000.
Recommended Action
Adopt a resolution authorizing the city manager to execute all required documents to complete
the acquisition of 2678 Alameda Circle, an affordable housing resale unit, expending
Community Development Block Grant funds in the amount of $235,000.
Executive Summary
As part of the City of Carlsbad's loan documents for homes purchased through the city's
lnclusionary Housing Program, the city entered into a Resale Restriction and Option to Purchase
Agreement ("Agreement") on Oct. 15, 2012, with the owner of the property at 2678 Alameda
Circle, in the Mulberry n_eighborhood of Bressi Ranch. This Agreement allows the city the option
to purchase the property at a restricted price at the time the owner provides notice of intent to
sell or transfer ownership of the property during the 30-year term of the Agreement. On May
14, 2019 (Resolution No. 2019-066), the City Council adopted the Community Development
Block Grant (CDBG) Program Action Plan allowing for the city to exercise its option to purchase
affordable housing resales at a restricted price and authorizing the use of CDBG funds for this
acquisition.
The owner of the property at 2678 Alameda Circle provided notice to the city of the intent to
' sell on Nov. 12, 2019, and the city subsequently notified the owner of its intent to exercise its
option to purchase the property at a restricted price calculated to be $222,300. The city and
owner subsequently entered into a purchase agreement, and escrow has been opened with the
intent of completing the property acquisition by Jan. 17, 2020, but no later than Feb. 10, 2020. •
Staff is recommending that the City Council authorize the city manager to execute all required
documents to complete the purchase of the subject property, which includes acceptance of the
grant deed, and to expend up to $235,000 in CDBG funds to cover the purchase price and all
related ·escrow and other processing fees necessary to complete the acquisition.
The Carlsbad Municipal Code does not provide authority to the city manager to proceed with
the acquisition of property, or accept the grant deed for transfer of property ownership,
without prior approval by the City Council. This action by the City Council to approve the
Jan. 14, 2020 Item #2 Page 1 of 14
acquisition and expenditure of the CDBG funds will allow for completion of the acquisition
process for the subject affordable housing resale unit; the city will own the property at the end
of this transaction and intends to resell it at a later date to an eligible lower-income buyer.
Discussion
In 1993, the city adopted an inclusionary housing ordinance that requires all residential
developments to include 15% of the total number of homes to be affordable to low-income
households. The residential developer has the option to produce rental or ownership product
to satisfy the inclusionary requirements. The Bressi Ranch developer produced ownership
product to satisfy its inclusionary housing obligation; a total of 100 condominiums were
developed and sold to low-income buyers. As part of these sales, the developer transferred its
financial subsidy (difference between market value of the home and restricted low-income
price) to the City of Carlsbad; the city then recorded a silent second loan agreement (in the
amount of the subsidy) and a Resale Restriction and Option to Purchase Agreement against the
property to ensure that the property remains affordable for a 30-year term, as required by the
city's inclusionary ordinance.
At the time an owner of a restricted condominium decides to sell the home, the city has the
first option to purchase the home at a restricted price (based on low-income maximums at the
time of the notice to sell). On May 14, 2019, the City Council approved the Community
Development Block Grant (CDBG) Program Action Plan authorizing city staff to respond with the
city's intent to exercise its option to purchase resales of affordable, restricted price homes as
they become available, and to utilize CDBG funds to purchase these resale units. This action
would allow the city to recapture an affordable home and then resell it to an eligible lower-
income buyer. As the owner, the city will be able to place additional restrictions on the
property and/or resell it at a lower price, if necessary, to create more affordable housing
opportunities. This effort will also assist with the implementation of the Homeless Response
Plan and the city's goals to create more affordable housing opportunities for rehousing
purposes ..
The owner of the affordable, restricted condominium at 2678 Alameda Circle provided notice
to the city of intent to sell the unit on Nov. 12, 2019. The city responded with its intent to
exercise its option to purchase the home. The restricted sales price was calculated at $222,300
and a purchase agreement was executed by the city and the owner and deposited into escrow.
Per the requirements of the Resale Restriction and Option to Purchase Agreement, the city
indicated its intent to complete acquisition ofthe resale unit within 90 days of the city's notice
of intent to exercise its purchase option, as required per the Agreement; the city intends to
purchase the home sooner in order to expend the CDBG funds in an expedited manner with an
intended close date no later than Feb. 10, 2020, if the acquisition is approved by City Council.
To proceed with the subject acquisition, the City Council is being asked to authorize the city
manager to execute all acquisition documents, including the grant deed, and to expend CDBG
funds in an amount not to exceed $235,000 for purchase of the affordable, restricted home and
related acquisition costs.
Jan. 14, 2020 Item #2 Page 2 of 14
Fiscal Analysis
The homeowner purchased the home at Mulberry, Bressi Ranch, in 2012 at the restricted,
subsidized price of $195,000. As set forth in the Resale Restriction and Option to Purchase
Agreement, the restricted price for the city to purchase the affordable residential property from
the homeowner at 2678 Alameda Circle in 2020 is $222,300, based on a 14% increase in low-
income levels over the past seven-plus years. It is anticipated that there will be additional
acquisition costs including escrow fees. Staff is requesting that the City Council approve the
expenditure of CDBG funds in the amount of $235,000 to cover all acquisition costs for the
subject property. The Resale Restriction and Option to Purchase Agreement states that the 6%
real estate agent fee ($13,388) is to be paid to the City of Carlsbad at the close of escrow since
the city is acting as the real estate agent for the purposes of this sales transaction. Funds paid at
the close of escrow w ill be returned to the CDBG fund as program income to be used for the
additional purchases of resale homes in the future.
Next Steps
All acquisition documents will be executed by the city manager, and the city will complete the
purchase of the subject affordable, restricted home and subsequently record the grant deed to
transfer ownership of the home to the City of Carlsbad by no later than Feb. 10, 2020, and as
early as Jan. 17, 2020. The home will then be resold to another lower-income household at a
later date. City staff will be returning to the City Council in March for approval of the program
details for the resale of these purchased affordable housing resale units. Including this
purchase, the City will have acquired five units to date, all within the Mulberry neighborhood.
Environmental Evaluation (CEQA)
Pursuant to Public Resources Code section 21065, this action does not constitute a "project"
within the meaning of CEQA in that it has no potential to cause either a direct physical change
in the environment, or a reasonably foreseeable indirect physical change in the environment,
and therefore, does not require environmental review.
Public Notification
This item was .noticed in accordance with the Ralph M. Brown Act and was available for public
viewing and review at least 72 hours prior to the scheduled meeting date.
Exhibits
1. City Council Resolution
Jan. 14, 2020 Item #2 Page 3 of 14
RESOLUTION NO. 2020-001
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE ALL REQUIRED
DOCUMENTS TO COMPLETE ACQUISITION OF 2678 ALAMEDA CIRCLE,
CARLSBAD, CALIFORNIA, AN AFFORDABLE HOUSING RESALE UNIT,
EXPENDING COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS IN THE
AMOUNT OF $235,000.
WHEREAS, the City Council of the City of Carlsbad, California has determined that it desires to
exercise its option to purchase an affordable housing resale unit located at 2678 Alameda Circle,
Carlsbad, California as set forth in the Resale Restriction and Option to Purchase Agreement executed
between the city and property owner on Oct. 15, 2012; and
WHEREAS, the property owner for 2678 Alameda Circle provided notice to the city on Nov. 12,
2019, indicating the owner's intent to sell or transfer ownership of the restricted affordable housing
unit at the noted location; and
WHEREAS, the city responded to the property owner of the restricted affordable housing unit
on Nov. 12, 2019, indicating its intent to exercise its option to purchase the property at 2678 Alameda
Circle; and
WHEREAS, on May 14, 2019 (Resolution No. 2019-066), the City Council approved the 2019-
2020 Community Development Block Grant (CDBG) Program Action Plan allowing for the city to
exercise its option to purchase affordable housing resales at a restricted price and authorizing the use
of CDBG funds to purchase these resale units; and
WHEREAS, the purchase approval by the City Council allows for the city to recapture an
affordable home and extend its affordability for an indefinite period of time, if so desired, and to resell
it to an eligible buyer at a lower price, if necessary, to implement the city's affordable housing goals
and policies; and
WHEREAS, the purchase approval by the City Council will also assist with the implementation
of the city's Homeless Response Plan and the city's goals to create more affordable housing
opportunities.
Jan. 14, 2020 Item #2 Page 4 of 14
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1. That the above recitations are true and correct.
2. That the City Council hereby authorizes the city manager to execute all required
documents, including the Acceptance of the Grant Deed, for the purchase of the
affordable housing unit located at 2678 Alameda Circle, Carlsbad, California, and to
expend CDBG funds up to $235,000 cover the purchase price and all related escrow and
other processing fees to complete the acquisition.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 14th day of January 2020, by the following vote, to wit:
AYES: Hall, Blackburn, Bhat-Patel, Schumacher.
NAYS: None.
ABSENT: None.
Mft: HALL, Mayor
;: ~tc-frf &tirflt:z I PlpvM Ci')
-ic:r BARBARA ENGLESON, City Clerk JC/
(SEAL)
\\\\\\111111//IJ/11 ~''o'''~ CAFl/:l11/,:,,,. ~ ·""-~·" 'l
~-,. .. ·· ·•, .. U_AI\ ~ ~.... ·-.~~
10~/~· \b~ = :~ . : = \ \. '·" ,~! f
-:-: ·• •• 1■oci,n1•n• .·· s-~ "•••• I ,.••• ~ $° ~'-;,q ·········· ~\."f~ ~l11, 1./FO~ ,,,"'' 11//111111111111111'
e,J.,
Jan. 14, 2020 Item #2 Page 5 of 14
DOC# 2020-0035060.
111111111111 lllll 1111111111111111111111111 IIIII IIJII 11111111111111 ~II
RECORDING REQUESTED BY:
Chicago Titl,e Company
Jan 22, 2020 04:59 PM
OFFICIAL RECORDS Ernest J. Dronen burg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $0.00 (SB2 Atkins: $0.00)
PCOR: YES
When R .. corded Mall Document
and Tax Statement To:
PAGES:4
City Clerks Department
1200 Carlsbad Village Drive
. Carlsbad, CA 92008
Escrow Order No.: 73719013556
APN/Parcel iD(s): 213-190-04-25
SPACEABOVE THIS LINE FOR RECORDER'S USE
Exempt from fee per GC 27388.1 (a) (2); recorded in connection with a concurrent
transfer subject tc, the imposition of documentary transfer tax .
GRANT DEED
The underslg(!ed grantor(s) declare(s)
@ This transfer Is exempt from th~ documentary transfer tax.
"The Grant deed Is Recorded at the request and for the benefit of the C.lty of Carlsbad. and Is
exemptfrom the Payment of a recording fees pursuant to Government code Sections 6103,27383
and 27388.1 and Is exempt from the Payment of documentary transfer tax pursuant to Revenue
and Taxation Code Section 11922
@' The documentary transfer tax is$ --G-and is computed on:
□ the full value of the interest or property conveyed. ·
□ · the full value less the liens or encumbrances remaining thereon at the time of sale.
The property is located In @' the City ~f Carlsbad.
FORA VALUABLE CONSIDERATION, receipt of which Is hereby acknowledged, Ramon Gonzalez, a married man
as his sole and separate property
hereby GRANT(S) to The City of Carisbad Hou'slng and Neighboorhood Services
the following described real property In the City of Carlsbad, County·of San Diego, State of California:
For APN/Parcel ID(s): 213-190-04-25 .
A CONDOMINIUM UNIT COMPOSED OF:
PARCEL 1 (COMMON AREA INTEREST):
AN UNDIVIDED FRACTIONAL INTEREST AS TENANT IN COMMON IN AND TO THE COMMON AREA
OF PHASE 2 AS DESCRIBED ON THE MULBERRY AT BRESSI RANCH CONDOMINIUM PLAN (THE
"CONDOMINIUM PLAN") RECORDED FEBRUARY 11, 2005 AS DOCUMENT NO .. 05-117224 OF
OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
CALIFORNIA, BEING A PORTION Of LOT 1 OF CARLSBAD TRACT MAP CT 03-03, IN THE CITY OF
Grant Dead Pr1nlsd: 12.03.19@ 12:40 PM
SCA0000129.doo / Updated: 11.20.17 CA-CT-FWDC-02180.055824-73719013556
Jan. 14, 2020 Item #2 Page 6 of 14
APN/Parcel ID(s): 213-190-04-25
GRANT DEED
(continued)
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF
NO. 14800, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, ON MAY
21,2004. THE UNDIVIDED FRACTIONAL INTEREST HEREBY CONVEYED IS THE RECIPROCAL OF
THE NUMBER OF LIVING UNITS SHOWN ON THE CONDOMINIUM PLAN AS BEING WITHIN PHASE
2 OF THE CONDOMINIUM PLAN.
EXCEPT THEREFROM ALL LIVING UNITS SHOWN ON THE CONDOMINIUM PLAN.
EXCEPT THEREFROM ALL OIL, GAS, MINERALS AND OTHER HYDROCARBON SUBSTANCES IN
AND UNDER SAID LAND LYING BELOW A DEPTH OF 500 FEET FROM THE SURFACE THEREOF,
BUT WITH NO RIGHT OF SURFACE ENTRY, AS PROVIDED IN THE DEED RECORDED JANUARY
25, 2005 AS DOCUMENT NO. 05-61440 OF OFFICIAL RECORDS.
PARCEL 2: (LIVING UNIT):
LIVING UNIT NO. 75 AS SHOWN UPON THE CONDOMINIUM PLAN.
PARCEL 3: (EXCLUSIVE USE AREAS):
THE EXCLUSIVE RIGHT TO USE ANY EXCLUSIVE USE AREA SHOWN ON THE CONDOMINIUM
PLAN AS BEING APPURTENANT TO THE LIVING UNIT DESCRIBED IN PARCEL 2 ABOVE.
PARCEL 4: (EASEMENT OVER ASSOCIATION PROPERTY):
A NON-EXCLUSIVE EASEMENT FOR USE AND ENJOYMENT OF AND ACCESS OVER THE
ASSOCIATION PROPERTY ("ASSOCIATION PROPERTY" IS DEFINED IN THE DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS AND RESERVATION OF EASEMENTS FOR
MULBERRY AT BRESI RANCH RECORDED ON MARCH 10,2005 AS DOCUMENT NO. 05-197712 OF
OFFICIAL RECORDS), EXCEPTING ANY EXCLUSIVE USE AREA. THE EASEMENTS RESERVED,
WHICH IS APPURTENANT TO THE LIVING UNIT DESCRIBED ABOVE, IS FOR ACCESS AND USE
OF THE ASSOCIATION PROPERTY, SUBJECT TO THE PROVISIONS OF THE DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS AND RESERVATION OF EASEMENTS FOR
MULBERRY AT BRESSI RANCH AND THE RULES AND REGULATIONS OF THE MULBERRY AT
BRESSI RANCH HOMEOWNERS ASSOCIATION, A CALIFORNIA NONPROFIT MUTUAL BENEFIT
CORPORATION.
Dated: December 3, 2019
IN WITNESS WHEREOF, the undersigned ve executed this document on the date(s) set forth below.
Grant Deed Printed: 12.03.19 @ 12:40 PM
SCA0000129.doc I Updated: 11.20.17 CA-CT-FWD0-02180.055824-73719013556
Jan. 14, 2020 Item #2 Page 7 of 14
APN/Parcel 1D(s ): 213-190-04-25
GRANT DEED
(continued)
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
State of C...n\, £a< n-1 Q
County of 60.0 O,e..ao
On Dec:trvibec 11, J.01°1 beforeme, le)ictQ GonLalez No~Or~ f\;bl,r, ,NotaryPublic,
, (here insert name ahd title of t e officer)
personally appeared K. Q m \'"'\ L ,
who proved to me on the basis of satisfactory evidence to be the~ whose am 1 81'9-subscri to the
within instrument and acknowledged to me that~ executecilliesame ir@ther4heifoo authorize capaci . ),
and that by~~ on the instrument the~ or the entity upon behalf of which th erso st
acted, exec~ the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and
correct.
Signature
Grant Deed
SCA0000129.doc I Updated: 11.20.17
Printed: 12.03.19@ 12:40 PM
CA-CT-FWD0-02180.055824-73719013556
Jan. 14, 2020 Item #2 Page 8 of 14
CERTIFICATE OF ACCEPTANCE
(Pursuant to Government Code 27281)
This is to certify that the interest in real property conveyed by the Grant Deed from RAMON
GONZALEZ, A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY to the City of
Carlsbad, a municipal corporation (the "City"), is hereby accepted on January 15, 2020, by the
undersigned officer or agent on behalf of the City pursuant to authority conferred by City Council
Resolution No. 2020-001 adopted on January 14, 2020, and the City Council consents to the
recordation of said document in the Office of t Recorder of San Diego County, State of
California.
Name: Scott Chadwick
Its: City Manager
Jan. 14, 2020 Item #2 Page 9 of 14
RECORDING REQUESTED BY:
DOC# 2020-0035056
111111111111 lllll 11111111111111111111111111111111111111111111111111111
Chicago Tltle-SD Jan 22,. 2020 04:59 PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
AND WHEN RECOR.OED MAILTO: .
SAN DIEGO COUNTY RECORDER FEES: $40.00 (SB2 Atkins: $0.00) PCOR: N/A
City Clerks Department
1200 Carlsbad Village Orlve
Carlsbad, CA 92008
PAGES:5
73719013556RCM
213-190-04-25
Notlc~ of Termination of Resale Restriction Agreement and Option ,tr, ~
(Please fill in document title(s) on this line)
1 .D Exempt from fee per GC27388.1 due to being recorded in connection with concurrent transfer that
is subject to the imposition of documentary transfer tax, or,
2 0 Exempt from fee per GC27388.1 due to being recorded in connection with a transfer that was
subject to documentary transfer tax which was paid on document recorded previously on
· (date*} as document number ___________ of Official
Records, or,
3 D Exempt from fee per GC27388.1 due to the maximum fees being paid on documents in this
transaction, or,
4 D Exempt from fee per GC27388.1 due to the maximum fees having been paid on documents In the
transactlon(s) recorded previously on _________ (date*} as document number(s)
______________________ of Official Records, or,
5 0 Exempt from fee per GC27388.1, document transfers real property that Is a residential dwelling to
an owner-occupier, or, document Is recorded in connection with concurrent transfer that is a
residential dwelling to an owner-occupier, or,
6 D Exempt from fee per GC27388.1 due to it being recorded in connection with a transfer of real
property that is a residential dwelling to an owner-occupier. The recorded document transferring
7~
the dwelling to the owner-occupier was recorded on _________ (date*) as
document number(s}
Exempt from fee per GC27388.1 due to being executed or recorded by the federal government in
accordance with the Uniform Federal Lien Registration Act, by the state, or any county,
municipality or other political subdivision of the state, or,
8 D Exempt from the fee per GC 27388.1 (a) (1}; Not related to real property, or,
9 [1
Rev 5/18
Exempt from fee under GC27388.1 for the following reasons:
THIS PAGE ADDED TO PROVIDE SENA'TEBll12EXEMl'TION INFORMAllON
(Additional recordingfeeapplies)
*The Prior Recording Reference must have been recorded within the last 60 days and Is subject to review
Jan. 14, 2020 Item #2 Page 10 of 14
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO
AND MAIL TAX STATEMENT TO:
City Clerks Department
1200 Carlsbad Village Drive
Carlsbad, CA 92008
This Notice of Termination is recorded at the request and for the benefit of the City of
Carlsbad, and is exempt from the payment of a recording fee pursuant to Government
Code Sections 6103, 27383, and 27388.1, and is exempt from ~he payment of documentary
transfer pursuant to Revenue and Taxation Code Section 11922.
(Space 1above this line reserved for Recorder's use only)
NOTICE OF TERMINATION OF
RESALE RESTRICTION AGREEMENT AND OPTION TO PURCHASE
WHEREAS, the City of Carlsbad, a municipal corporation (the "City"), is the sole
beneficiary under that certain Resale Restriction and Option to Purchase by and between the
City, and RAMON GONZALEZ, (the "Owner"), dated as of October 15, 2012, and recorded in
the Official Records of the County of San Diego (the "Official Records") on November 21,
2012, as Document No. 2012-0731 l 74; (the "Declaration");
WHEREAS, the Declaration encumbers certain real property situated in the City of
Carlsbad, County of San Diego, State of California, as more particularly described in Exhibit A
hereto (the "Property"); and
WHEREAS, in accordance with the Declaration, the Owner is conveying the Property to
the City, and the City desires to record this Notice of Termination of Resale Restriction and
Option to Purchase (the "Notice of Termination") against the Property to evidence the
termination and release of the Notice of Termination as an encumbrance against the Property.
NOW, THEREFORE, the City does hereby record this Notice of Termination to confirm
that the Declaration has terminated in accordance with its terms, and that the Declaration is
hereby released as an encumbrance against the Property.
IO I 0/17 /2367843 .2
Jan. 14, 2020 Item #2 Page 11 of 14
As of the date of the recordation of this Notice of Termination in the Official Records,
the Declaration is hereby terminated by the City and is hereby released from the Property.
IN WITNESS WHEREOF, the City has executed this Notice of Termination as of
2.1SAN2t>
By:
Name: Qof-+ CluJ.dw;c.Jc__ _______ =-..:.....:....:;_....::..;_;::....::;_ ___ _
Its: l · ~ ('via, h a_v--r=
Signature must be notarized
1010/17/2367843.2
Jan. 14, 2020 Item #2 Page 12 of 14
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of San Diego
On t?JM-, . J,/ 1 :J{)dO before me, Morgen Fry, Notary Public
' (insert name and title of the officer)
personally appeared J6ott CJiad wi 0k.
who proved to me on the basis of satisfactory evidence to be the person~) whose name~) ishlfe
subscribed to the within instrument and acknowledged to me that he/ihetthey executed the same in
his/herltAeir authorized capacity~). and that by hislftefftheir signaturets}. on the instrument the
person('s)_, or the entity upon behalf of which the person('s) acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature \_~~Seal}
i············~ ,~' , •~ M~GEN FRY
: '· ·••"e ·'. Notary Public -Californii z
~ _ · ; San Oi~o County ~
z ~ . ' Commission It 2268W5 -
0
•"'0••'• My CGmm. Expires Dec 2-4, 2022
Jan. 14, 2020 Item #2 Page 13 of 14
For APN/Parcel ID(s): 213-190-04-25
A CONDOMINIUM UNIT COMPOSED OF:
PARCEL 1 (COMMON AREA INTEREST):
EXHIBIT "A"
Legal Description
AN UNDIVIDED FRACTIONAL INTEREST AS TENANT IN COMMON IN AND TO THE COMMON AREA
OF PHASE 2 AS DESCRIBED ON THE MULBERRY AT BRESSI RANCH CONDOMINIUM PLAN (THE
"CONDOMINIUM PLAN") RECORDED FEBRUARY 11. 2005 AS DOCUMENT NO. 05-117224 OF
OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
CALIFORNIA, BEING A PORTION OF LOT 1 OF CARLSBAD TRACT MAP CT 03-03, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF
NO. 14800, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, ON MAY
21,2004. THE UNDIVIDED FRACTIONAL INTEREST HEREBY CONVEYED IS THE RECIPROCAL OF
THE NUMBER OF LIVING UNITS SHOWN ON THE CONDOMINIUM PLAN AS BEING WITHIN PHASE
2 OF THE CONDOMINIUM PLAN.
EXCEPT THEREFROM ALL LIVING UNITS SHOWN ON THE CONDOMINIUM PLAN.
EXCEPT THEREFROM ALL OIL, GAS, MINERALS AND OTHER HYDROCARBON SUBSTANCES IN
AND UNDER SAID LAND LYING BELOW A DEPTH OF 500 FEET FROM THE SURFACE THEREOF,
BUT WITH NO RIGHT OF SURFACE ENTRY, AS PROVIDED IN THE DEED RECORDED JANUARY
25, 2005 AS DOCUMENT NO. 05-61440 OF OFFICIAL RECORDS.
PARCEL 2: (LIVING UNIT):
LIVING UNIT NO. 75 AS SHOWN UPON THE CONDOMINIUM PLAN.
PARCEL 3: (EXCLUSIVE USE AREAS):
THE EXCLUSIVE RIGHT TO USE ANY EXCLUSIVE USE AREA SHOWN ON THE CONDOMINIUM
PLAN AS BEING APPURTENANT TO THE LIVING UNIT DESCRIBED IN PARCEL 2 ABOVE.
PARCEL 4: (EASEMENT OVER ASSOCIATION PROPERTY):
A NON-EXCLUSIVE EASEMENT FOR USE AND ENJOYMENT OF AND ACCESS OVER THE
ASSOCIATION PROPERTY ("ASSOCIATION PROPERTY" IS DEFINED IN THE DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS AND RESERVATION OF EASEMENTS FOR
MULBERRY AT BRESI RANCH RECORDED ON MARCH 10,2005 AS DOCUMENT NO. 05-197712 OF
OFFICIAL RECORDS), EXCEPTING ANY EXCLUSIVE USE AREA. THE EASEMENTS RESERVED,
WHICH IS APPURTENANT TO THE LIVING UNIT DESCRIBED ABOVE, IS FOR ACCESS AND USE
OF THE ASSOCIATION PROPERTY, SUBJECT TO THE PROVISIONS OF THE DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS AND RESERVATION OF EASEMENTS FOR
MULBERRY AT BRESSI RANCH AND THE RULES AND REGULATIONS OF THE MULBERRY AT
BRESSI RANCH HOMEOWNERS ASSOCIATION, A CALIFORNIA NONPROFIT MUTUAL BENEFIT
CORPORATION.
CL TA Preliminary Report Form -Modified (Adopted: 11.17.2006) Printed: 11.26.19 @ 02:33 PM
CA-CT-FWO0-02180.055820-SPS-1-19-73719013556
Jan. 14, 2020 Item #2 Page 14 of 14