HomeMy WebLinkAbout2019-03-26; City Council; Resolution 2019-037RESOLUTION NO. 2019-037
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 6218 LIBERTY PLACE,
CARLSBAD, CALIFORNIA, AN AFFORDABLE HOUSING RESALE UNIT,
APPROPRIATING COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS IN THE
AMOUNT OF $210,000 AND AUTHORIZING THE CITY'S ADMINISTRATIVE
SERVICES DIRECTOR TO APPROPRIATE AND DISBURSE SAID FUNDS TO
COMPLETE PURCHASE OF THE 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 resale unit located at 6218 Liberty Place, Carlsbad,
California as set forth in the Resale Restriction and Option to Purchase Agreement executed between
the city and property owner on May 1, 2006; and
WHEREAS, the property owner for 6218 Liberty Place provided notice to the city on January 14,
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 January 14, 2019 indicating its intent to exercise its option to purchase the property at 6218 Liberty
Place; and
WHEREAS, the City Council approved a change in policy on March 13, 2018 (Resolution No.
2018-037) and amended its 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 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.
March 26, 2019 Item #1 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 (Attachment A), for the
purchase of the affordable housing unit located at 6218 Liberty Place, Carlsbad,
California at the restricted purchase price of $187,300.
3. That the City Council hereby authorizes the city's Administrative Services Director to
appropriate and expend Community Development Block Grant funds in an amount not
to exceed $210,000 for purchase of the affordable, restricted home and related
acquisition costs for the property located at 6218 Liberty Place, Carlsbad, California.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 26th day of March 2019, by the following vote, to wit:
AYES:
NOES:
ABSENT:
Hall, Blackburn, Bhat-Patel, Schumacher, Hamilton
None.
None.
(SEAL)
March 26, 2019 Item #1 Page 5 of 14
RECORDING REQUESTED BY:
Chicago Title Company
When Recorded Mail Document
and Tax Statement To:
Debbie Fountain
The City of Carlsbad, a municipal corporation
1200 Carlsbad Village Drive, Attn: Homebuyer
Program
Carlsbad, CA 92008
Escrow Order No.: 73719000557
APN/Parcel ID(s): 213-190-05-48
The undersigned grantor(s) declare(s)
DOC# 2019-0113851
1111111111111111111111111111111111111111111111111111111111111111111111
Mar 29, 2019 04:06 PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $0.00 (SB2 Atkins: $0.00)
PCOR: YES
PAGES: 6
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Exempt from fee per GC 27388.1 (a) (2); recorded in connection with a transfer of real
property that is a residential dwelllng to an owner-occupier.
GRANT DEED
0 This transfer is exempt from the documentary transfer tax.
This Grant Deed is recorded at the Request and for the Benefit of the City of Carlsbad, and is
exempt from the Payment of a recordign fee pursuant to Government Code Section, 6103,27383
and 27388.1, and is exempt from the payment of documentary transfer tax pursuant to Revenue
and Taxation Code Section 11922.
□ The documentary transfer tax is$ D, ct> 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 0 the City of Carlsbad.
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Richard Peterson and Sachiko
. Peterson, husband and wife as joint tenants
hereby GRANT(S) to The City of Carlsbad, a municipal corporation
the following described real property in the City of Carlsbad, County of San Diego, State of California:
For APN/Parcel ID(s): 213-190-05-48
Parcel 1:
An undivided fractional interest as tenant in common in and to the Common Area of Phase 4 as described
on The Mulberry at Bressi Ranch Condominium Plan,
a more complete legal description attached hereto and made a part hereof marked as Exhibit A.
Grant Deed
SCA0000129.doc / Updated: 11.20.17
Printed: 02.28. 19 @ 12:44 PM
CA-CT-FWD0-02180.055824-73719000557
March 26, 2019 Item #1 Page 6 of 14
APN/Parcel ID(s): 213-190-05-48
Dated: January 18, 2019
GRANT DEED
(continued)
IN WITNESS WHEREOF, the ;rersigned have executed this document on the date(s) set forth below.
~L Richard Peterson
Sachiko Peterson
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 ~
County of ( \ Xci.ct~
On j -= 2 Lf-2 0 \ q before m c~Notary Public,
personally appeared tl Y ~Ov--) ,
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.
0~
I certify under PENAL TY OF PERJURY under the laws of the State of Califarl"lia that the foregoing paragraph is true and
correct.
(Seal)
Grant Deed
SCA0000129.doc I Updated: 11.20.17
OFFICIAL STAMP
SHIRLEY O SCOTT DEWOLF
NOTA,,Y PUBLIC-OREGON
COMMISSION NO. 9•6655
MY COMMISSION EXPIRES JANUARY 24, 2020
Printed: 01.18.19 @ 10:05 AM
CA-CT-FWDQ-02180.055824-73719000557
March 26, 2019 Item #1 Page 7 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 RICHARD
AND SACHIRO PETERSON to the City of Carlsbad, a municipal corporation (the "City"), is hereby
accepted on MARCH 27, 2019, by the undersigned officer or agent on behalf of the City pursuant to
authority conferred by resolution of the City Council adopted on MARCH 26, 2019, and the City Council
consents to the recordation of said document in the Office oft ecorder of San Diego County, State of
California.
Name: SCOTT CHADWICK
Its: CITY MANAGER
March 26, 2019 Item #1 Page 8 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 ...... tv\__,_~-'-r_Lh __ A_i_._,_i_o_\9 __ before me, Mo~gen Fry, Notary Public
(insert name ar:,d title of the officer)
personally appeared _~ __ ott __ C_~_c\_w_·_, ct.-------"--------'
who proved to me on the basis of satisfactory evidence to be the person~ whose name~) is/ai:e
subscribed to the within instrument and acknowledged to me that he}~lielthey executed the same in
his/i>ler,t#teir authorized capacity~, and that by his/b~r/their signature(sl on the instrument the
person~. 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)
March 26, 2019 Item #1 Page 9 of 14
NOTARY SEAL CERTIFICATION
( Government Code 2 73 61. 7)
I CERTIFY UNDER PENAL TY OF PERJURY THAT THE NOTARY SEAL
ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED
READS AS FOLLOWS:
Commission Number: JJ&;¾{o(l5 Date Commission Expires:~J-
County Where Bond is Filed: ~n Dr
Manufacturer or Vendor Number: _ __._A)_tJ_ ....... A-------+-J ________ _
(Located on both I ts of the nota
Place of Execution: San Diego Date: J I df 1_19_
March 26, 2019 Item #1 Page 10 of 14
EXHIBIT A
Order No.: 73719000557
For APN/Parcel ID(s): 213-190-05-48
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 4 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 Living Units shown on the Condominium Plan as being within
Phase 4 of the Condominium Plan.
EXCEPTING THEREFROM all Living Units shown on the Condominium Plan.
ALSO EXCEPTING THEREFROM all oil, oil rights, minerals, mineral rights, natural gas rights and other
hydrocarbons by whatsoever name known, geothermal steam and all products derived from any of the
foregoing, that may be within or under the above described land ("Land"), together with the perpetual right
of drilling, mining, exploring and operating therefor and storing in and removing the same from said Land
or any other land, including the right to whipstock or directionally drill and mine from lands other than the
Land, oil or gas wells, tunnels and shafts into, through or across the subsurface of the Land, and to
bottom such whipstocked to directionally drilled wells, tunnels and shafts under and beneath or beyond the
exterior limits thereof, and to redrill, retunnel, equip, maintain, repair, deepen and operate any such wells
or mines without, however, the right to drill, mine, store, explore or operate through the surface or the
upper 500 feet of the subsurface of the Land as reserved by Bressi Gardenlane, LLC, by deed recorded
January 25, 2005 as File No. 2005-0061440, of Official Records.
PARCEL 2 (Living Unit):
Living Unit No. 38 , 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 Bressi Ranch described below), excepting any Exclusive Use
Area. The easement hereby 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.
March 26, 2019 Item #1 Page 11 of 14