HomeMy WebLinkAbout2018-07-24; City Council; Resolution 2018-137RESOLUTION NO.2018-137
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 2686 ALAMEDA CIRCLE,
CARLSBAD, CALIFORNIA, AN AFFORDABLE HOUSING UNIT, AND
APPROPRIATING COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS IN THE
AMOUNT OF $220,000 AND AUTHORIZING THE CITY'S FINANCE DIRECTOR
TO DISBURSE SAID FUNDS TO COMPLETE SAID PURCHASE OF REAL
PROPERTY.
WHEREAS, the City Council of the City of Carlsbad, California has determined that it desires to
exercise its option to purchase an affordable housing unit located at 2686 Alameda Circle, Carlsbad,
California as set forth in the Resale Restriction and Option to Purchase Agreement executed between
the city and property owner on April 13, 2006; and
WHEREAS, the property owner for 2686 Alameda Circle provided notice to the city on April 19,
2018 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 April 30, 2018 indicating its intent to exercise its option to purchase the property at 2686 Alameda
Circle; and
WHEREAS, the City Council approved a change in policy on March 13, 2018 and amended its
Community Development Block Grant 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 on the market, and to utilize CDBG funds to purchase these resale units; and
WHEREAS, the purchase approval by 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 City Council will also assist with implementation of the
city's Homeless Response Plan and the city's goals to create more affordable housing opportunities for
the purpose of implementing efforts to re-house homeless residents of Carlsbad.
July 24, 2018 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 acquisition
documents, including the Acceptance of the Grant Deed, for the purchase of the
affordable housing unit located at 2686 Alameda Circle, Carlsbad, California at the
restricted purchase price of $206,200.
3. That the City Council hereby authorizes the city's Finance Director to appropriate and
expend Community Development Block Grant funds in an amount not to exceed
$220,000 for purchase of the affordable, restricted home and related acquisition costs
for the property located at 2686 Alameda Circle, Carlsbad, California.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 24th day of ~2018, by the following vote, to wit:
AYES:
NOES:
ABSENT:
M. Hall, K. Blackburn, M. Schumacher, C. Schumacher, M. Packard.
None.
None.
(SEAL)
July 24, 2018 Item #2 Page 5 of 14
RECORDING REQUESTED BY:
Chicago Title San Diego
DOC# 2018-0307898
111111111111 lllll 1111111111111111111111111 lllll lllll 111111111111111111
Jul 27, 2018 04:59 PM
OFFICIAL RECORDS Ernest J. Dronenburg, Jr.,
AND WHEN RECORDED
MAIL TO:
SAN DIEGO COUNTY RECORDER
FEES: $0.00 (SB2 Atkins: $0.00) PCOR: YES
Mall Tax statements to:
Allen Edwards
City of Carlsbad, a municipal Corporation
Housing and Nelborhood Services Department,
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Grant Deed
(Please fill In document title(s) on this line)
PAGES: 7
1 0 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.l due to the maximum fees being paid on documents in this
transaction, or,
4 D Exempt from fee per GC27388.l 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 D 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
the dwelling to the owner-occupier was recorded on _________ (date*) as
document number(s)
7 ll] 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 D Exempt from fee under GC27388.1 for the following reasons:
Rev 5/18
TH IS PAGE ADDED TO PROVIDE SENAlEBIU.2 EXEMPTIONINFORMA11ON
(Additional recording fee applies)
*The Prior Recording Reference must have been recorded within the last 60 days and is subject to review
July 24, 2018 Item #2 Page 6 of 14
..
''
RECORDING REQUESTED BY:
Chicago Title Company
When Recorded Mail Document
and Tax Statement To:
Allen Edwards
City of Carlsbad, a municipal corporation
Housing and Neighborhood Services
Department, 1200 Carlsbad Village Drive
Carlsbad, CA 92008
Escrow Order No.: 73718006413
APN/Parcel ID(s): 213-190-04-29
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Exempt from fee per GC 27388.1 (a) (2); recorded in connection with a transfer subject to
the imposition of documentary transfer tax.
~ R&T 11922
GRANT DEED
The grantee is (s~e United St t · The undersigned grantor(s) declares <!-es or an agency or instrumentality thereof a state or territory, or political subdivsion thereof. '
D This transfer is exempt from the documentary transfer tax.
0 The documentary transfer tax is $ 0, l1) )I( and is computed on:
0 the full value of the interest or property conveyed.
D the full value less the liens or encumbrances remaining thereon at the time of sale.
The property is located in 0 the City of Carlsbad.
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Jaci Michele Johnson, an
unmarried woman
hereby GRANT(S) to City of Carlsbad, a municipal corporation
the following described real property in the City of Carlsbad, County of San Diego, State of California:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
Dated: July 2, 2018
ITNESS WHEREOF, the undersigned have executed this document on the date(s) set forth below.
/
Grant Deed
SCA0000129.doc I Updated: 11.20.17
MAIL TAX STATEMENTS AS DIRECTED ABOVE
Printed: 07.02.18@03:32 PM
CA-CT-FWDO-02180.055824-73718006413
July 24, 2018 Item #2 Page 7 of 14
APN/Parcel ID(s): 213-190-04-29
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.
~=~~t:fo_f_a~::::::=:::::~iQ,...~!,l:::1..a:,::!.:-=~"----
On 7 \ \5 \ 1..-0)'6': befor-e-me-, -r\-t~->0---:-~,_g__~-~
(here insert name and title oAhe officer)
, Notary Public,
personally appeared -.Jc:;_~ f'v\ \c.i..--.Q.._ \..e-, = Seth M -<Dt--,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies ),
and that by his/her/their signature(s) 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.
Signature
Grant Deed
SCA0000129.doc I Updated: 11.20.17
(Seal)
Notary Public • California
;: San Diego County ~
,' Commission# 2171989 ~
My Cornm Expires Dec 13. 2020' , . ..,.~~,... ~-... ~~-0 C ♦♦¥-~
Printed: 07.02.18@ 03:32 PM
CA-CT-FWD0-02180.055824-73718006413
July 24, 2018 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
To.~ ~ICV\~\~ Jol1~e City of Carlsbad, a municipal corporation (the "City"), is hereby
accepted on u.\ "2.lo , 20\~, by the undersigned officer or agent on behalf of the City
pursuant to authori conferred by resolution of the City Council adopted on ll.l\u ;ll, ,~11,
and the City Council consents to the recordation of said document in the Office of the Recorder
of San Diego County, State of California
l01011712367843.2
, a municipal corporation
By:
Name: Ke✓v Lo Cxn W\OYd
1ts: t;t:) o£ Ga..v-\~bru:,i
July 24, 2018 Item #2 Page 9 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 ju._\ ~ ).U/ 1 J.() l t before me, Morgen Fry, Notary Public
(insert name and title of the officer)
personally appeared ~V \ V\ ~ , ,
who proved to me on the basis of satisfactory evidence to be the perso~ whose name~ is.l8f;Q
subscribed to the within instrument and acknowledged to me that he/el 1eftl 1e, executed the same in
his/Mii"J'tflsir authorized capacity(~ and that by his/~ri'tl 1eh signature~on the instrument the
person('s.l, or the entity upon behalf of which the person~) 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]
July 24, 2018 Item #2 Page 10 of 14
EXHIBIT A
Order No.: 73718006413
For APN/Parcel ID(s): 213-190-04-29
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 ON FEBRUARY 11, 2005, AS DOCUMENT NO. 2005-0117224,
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
RESIDENTIAL UNITS SHOWN ON THE CONDOMINIUM PLAN AS BEING WITHIN PHASE 2 OF THE
CONDOMINIUM PLAN.
EXCEPTING THEREFROM ALL RESIDENTIAL UNITS SHOWN ON THE CONDOMINIUM PLAN.
EXCEPTING THEREFROM THE EXCLUSIVE RIGHT TO POSSESSION AND USE OF ANY
EXCLUSIVE USE AREA SHOWN ON THE CONDOMINIUM PLAN.
PARCEL 2 (RESIDENTIAL UNIT):
RESIDENTIAL UNIT NO. 79, 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 RESIDENTIAL 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 BRESSI RANCH DESCRIBED BELOW), EXCEPTING ANY EXCLUSIVE USE AREA.
THE EASEMENT HEREBY RESERVED, WHICH IS APPURTENANT TO THE RESIDENTIAL 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.
EXCEPTING THEREFROM FROM ALL PARCELS ALL EASEMENTS FOR ACCESS, DEVELOPMENT,
ENCROACHMENTS, MAINTENANCE AND OTHER PURPOSES SET FORTH IN THE DECLARATION
OF COVENANTS, CONDITIONS AND RESTRICTIONS AND RESERVATION OF EASEMENTS FOR
MULBERRY AT BRESSI RANCH (REFERRED TO AS THE "MULBERRY DECLARATION"). THE
MULBERRY DECLARATION IS DESCRIBED BELOW.
July 24, 2018 Item #2 Page 11 of 14
EXHIBIT A
(continued)
ALSO EXCEPTING FROM ALL PARCELS, FOR THE BENEFIT OF GRANTOR, ITS SUCCESSORS IN
INTEREST AND ASSIGNEES, THE RIGHT TO ENTER THE LOT (I) TO COMPLETE AND REPAIR ANY
IMPROVEMENTS OR LANDSCAPING LOCATED THEREON AS DETERMINED NECESSARY BY
GRANTOR, IN ITS SOLE DISCRETION, (11) TO COMPLY WITH REQUIREMENTS FOR THE
RECORDATION OF THE SUBDIVISION MAP DESCRIBED ABOVE OR THE GRADING OR
CONSTRUCTION OF THE PROPERTIES, AS DEFINED IN THE MULBERRY DECLARATION, OR (Ill)
TO COMPLY WITH REQUIREMENTS OF APPLICABLE GOVERNMENTAL AGENCIES. GRANTOR
SHALL PROVIDE REASONABLE NOTICE TO GRANTEE BEFORE SUCH ENTRY. IF GRANTEE
REFUSES TO COOPERATE WITH GRANTOR'S EXERCISE OF THIS RIGHT, GRANTOR MAY
ENFORCE THIS RIGHT OF ENTRY IN A COURT OF LAW GRANTEE.
July 24, 2018 Item #2 Page 12 of 14