HomeMy WebLinkAbout2020-01-28; City Council; Resolution 2020-031RESOLUTION NO. 2020-031
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 2634 HANCOCK 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 2634 Hancock Circle,
Carlsbad, California as set forth in the Resale Restriction and Option to Purchase Agreement executed
between the city and property owner on June 17, 2005; and
WHEREAS, the property owner for 2634 Hancock Circle provided notice to the city on Nov. 20,
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. 21, 2019, indicating its intent to exercise its option to purchase the property at 2634 Hancock
Circle; and
WHEREAS, on Jan. 28, 2020, the City Council approved an amendment to the 2019-2020
Community Development Block Grant (CDBG) Program Action Plan allocating $500,000 in CDBG
funding to allow the city to exercise its option to purchase additional affordable housing resales at a
restricted price and authorize 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. 28, 2020 Item #17 Page 4 of 11
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 (Attachment A), for the
purchase of the affordable housing unit located at 2634 Hancock 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 28th day of January 2020, by the following vote, to wit:
AYES: Hall, Blackburn, Bhat-Patel, Schumacher.
NAYS: None.
ABSENT: None.
r..r ~ f/,::dor GufYlt 2 oc,,,.
1 • BARBARAENGLESON, City Clerk I CiJ.)
(SEAL) C/erJ(
Jan. 28, 2020 Item #17 Page 5 of 11
RECORDING REQUESTED BY:
DOC# 2020-0114084
111111111111 lllll 111111111111111111111111111111 IIIII ll1111111111111111
Chicago Title-SD Mar 04, 2020 04:52 PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
AND WHEN RECORDED
MAIL TO:
SAN DIEGO COUNTY RECORDER FEES: $273.75 (SB2 Atkins: $0.00)
PCO~: YES
· City of Carlsbad
Attn: Mike Peterson
1200 Carlsbad Village Drive
Carlsbad, CA 92008
PAGES: 6
Grant Deed
(Ple;:!:ef!l11n dncumenttlt!e(s) orrttii'l 'In~}
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 D Exempt from fee per GC273~8.1 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 Exempt from fee per GC27388.1 due to tHe maximum fees being paid on documents in this
transaction, or,
4 □ 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 D Exempt from fee per GC27388.l, 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 D 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,
munlclpalityor other political subdivision of the state, or,
8 D Exempt from the fee per GC 27388.1 (a) {l); Not related to real property, or,
9 IZI
Rev 5/18
Exempt from fee under GC27388.1 for the following reasons:
In favor of a County Municipality
THIS PAGE ADDED TO PROVIDE SENATEBILi2EXEMPTIONINFORMAllON
(Additional recordingfeeapplies)
*The Prior Recording Reference must have been recorded within the last 60 days and ls subject to review
Jan. 28, 2020 Item #17 Page 6 of 11
RECORDING REQUESTED BY:
Chicago Title Company
When Recorded Mail Document
and Tax Statement To:
Mike Peterson
The City of Carlsbad, a municipal corporation
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Escrow Order No.: 73719013791
APN/Parcel ID(s): 213-190-04-12
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Exempt from fee per GC 27388.1 (a) (2): recorded in connection with a concurrent
transfer subject to the imposition of documentary transfer tax.
GRANT DEED
The undersigned grantor(s) declare(s)
@ This transfer is exempt from the documentary transfer tax.
"The grantee is the United States or an agency or instrumentality thereof, a state or territory, or
political subdivision thereof, R & T 11922."
~ The documentary transfer tax is $ 0 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 of Carlsbad.
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Kelley Wierman, a married woman
as her sole and seperate property who acquired title as Kelley Waynick.
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): 213-190-04-12
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 1 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 I OF THE CONDOMINIUM
Grant Deed
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Jan. 28, 2020 Item #17 Page 7 of 11
APN/Parcel ID(s): 213-190-04-12
PLAN.
GRANT DEED
(continued)
EXCEPTING THEREFROM ALL LIVING 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 (LIVING UNIT):
LIVING UNIT NO. 12 , 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.
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.
ALSO EXCEPTING FROM ALL PARCELS, PURSUANT TO A GRANT DEED RECORDED ON
JANUARY 25, 2005, AS DOCUMENT NO. 2005-0061440, OFFICIAL RECORDS OF SAN DIEGO
COUNTY, CALIFORNIA THE FOLLOWING IN FAVOR OF THE GRANTOR UNDER SUCH GRANT
DEED:
Grant Deed
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Jan. 28, 2020 Item #17 Page 8 of 11
APN/Parcel ID(s): 213-190-04-12
GRANT DEED
(continued)
A. 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 THEREFORE 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.
B. THE RIGHT TO PLACE ON, UNDER OR ACROSS THE LAND, TRANSMISSION LINES AND OTHER
FACILITIES FOR A COMMUNITY ANTENNA TELEVISION SYSTEM WITHIN PUBLICLY DEDICATED
STREETS AND CUSTOMARY HOOK-UPS FROM THE STREETS TO THE HOMES AND THEREAFTER
TO OWN AND CONVEY SUCH LINES AND FACILITIES, AND THE RIGHT TO ENTER UPON THE
LAND TO SERVICE, MAINTAIN, REPAIR, RECONSTRUCT AND REPLACE SAID LINES AND
FACILITIES; PROVIDED, HOWEVER, THAT THE EXERCISE OF SUCH RIGHTS SHALL NOT
UNREASONABLY INTERFERE WITH GRANTEE'S REASONABLE USE AND ENJOYMENT OF THE
LAND.
C. ANY AND ALL WATER, WATER RIGHTS OR INTERESTS THEREIN APPURTENANT OR
RELATING TO THE LAND OR OWNED OR USED BY GRANTOR IN CONNECTION WITH OR WITH
RESPECT TO THE LAND (NO MATTER HOW ACQUIRED BY GRANTOR), WHETHER SUCH WATER
RIGHTS SHALL BE RIPARIAN, OVERLYING, APPROPRIATIVE, LITTORAL, PERCOLATING,
PRESCRIPTIVE, ADJUDICATED, STATUTORY OR CONTRACTUAL, TOGETHER WITH THE RIGHT
AND POWER TO EXPLORE, DRILL, REDRILL, REMOVE AND STORE THE SAME FROM OR IN THE
LAND OR TO DIVERT OR OTHERWISE UTILIZE SUCH WATER, RIGHTS OR INTERESTS ON ANY
OTHER PROPERTY OWNED OR LEASED BY GRANTOR, BUT WITHOUT, HOWEVER ANY RIGHT
TO ENTER UPON THE SURFACE OF THE LAND IN THE EXERCISE OF SUCH RIGHTS.
D. NONEXCLUSIVE EASEMENTS IN GROSS ON, OVER AND UNDER THE LAND FOR THE
CONSTRUCTION, INSTALLATION AND MAINTENANCE OF COMMUNICATION SYSTEMS,
ELECTRIC, GAS, TELEPHONE, WATER, SEWER AND DRAINAGE FACILITIES WITHIN PUBLICLY
DEDICATED STREETS (AND CUSTOMARY HOOK-UPS FROM SUCH STREETS TO HOMES),
PROVIDED THAT THE CONSTRUCTION AND INSTALLATION OF SUCH FACILITIES SHALL NOT
UNREASONABLY INTERFERE WITH GRANTEE'S DEVELOPMENT OF THE LAND. EXCEPT AS
SUCH EASEMENTS HAVE BEEN CONVEYED TO A UTILITY COMPANY OR OTHER PUBLIC OR
QUASI-PUBLIC ENTITY, SAID EASEMENTS IN FAVOR OF GRANTOR SHALL AUTOMATICALLY
TERMINATE AND BE OF NO FURTHER FORCE OR EFFECT AS TO ANY PORTION OF THE LAND
UPON THE CONVEYANCE THEREOF TO A BUYER OR OTHER TRANSFEREE WHO IS ENTITLED
TO RECEIVE BY REASON OF SUCH CONVEYANCE A SUBDIVISION PUBLIC REPORT PURSUANT
TO CALIFORNIA BUSINESS AND PROFESSIONS CODE SECTION 11018.2 OR ANY SIMILAR
Grant Deed
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Jan. 28, 2020 Item #17 Page 9 of 11
APN/Parcel ID(s): 213-190-04-12
GRANT DEED
(continued)
STATUTE HEREAFTER IN EFFECT, OR UPON CONVEYANCE TO AN ASSOCIATION WHOSE
MEMBERS CONSIST IN WHOLE OR IN PART OF SUCH BUYERS OR OTHER TRANSFEREES.
Dated: December 10, 2019
IN WITNESS WHEREOF, the undersigned have executed this document on the date(s) set forth below.
~~~ Kelley Wiermar\-.S
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 Cat.lF{) 8/U I It
Countyof 5/1-!UVIE&l)
On Dir!.EfJ?EEB /3,;).DIC/beforeme~RGAK Aeu/JIVEY , Notary Public, K. _ 1
. . _ 1 , / . (here insert name and title of the officer)
personally appeared /:;: LLE: '( 1/U I ER /JJ /1 /U ,
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.
Grant Deed
SCA0000129.doc / Updated: 11.20.17
t••"'-· 1 •", .... '.• TERESA R. MCELANEY <a/ , ' Notary Public • California
z , ·• San Diego County I j · · Commission ti 2175612 ?
e O O O O .Ml S0T'2· txe1't1 t•: t2.2t2il
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CA-CT-FWDO-02180.055824-73719013791
Jan. 28, 2020 Item #17 Page 10 of 11
CERTIFICATE OF ACCEPTANCE
(Pursuant to Government Code 27281)
This is to certify that the interest in real property conveyed by the Grant Deed from KELLEY
WAYNICK, A SINGLE WOMAN to the City of Carlsbad, a municipal corporation (the "City"),
is hereby accepted on January 29, 2020, by the undersigned officer or agent on behalf of the City
pursuant to authority conferred by City Council Resolution No. 2020-031 adopted on January 28,
2020, and the City Council consents to the recor ion of said document in the Office of the
Recorder of San Diego County, State of Califomi .
Name: Scott Chadwick
Its: City Manager
Jan. 28, 2020 Item #17 Page 11 of 11