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Home My WebLink About2020-07-21; City Council; Resolution 2020-148EXHIBIT 1 RESOLUTION NO. 2020-148 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE ALL REQUIRED DOCUMENTS TO COMPLETE THE ACQUISITION OF 7018 FORSTERS TERN DRIVE, CARLSBAD, CALIFORNIA, AN AFFORDABLE HOUSING RESALE UNIT, EXPENDING COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS IN THE AMOUNT OF $340,000. WHEREAS, the property owner of 7018 Forsters Tern Drive provided notice to the city on April 22, 2020, 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 June 1, 2020, indicating its intent to exercise its option to purchase the property at 7018 Forsters Tern Drive; 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. 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 of the City of Carlsbad, California has determined that it desires to exercise its option to purchase an affordable housing resale unit located at 7018 Forsters Tern Drive, Carlsbad, California, and hereby authorizes the city manager to execute all required documents, including the Acceptance of the Grant Deed (Attachment A), for the purchase of said property, and to expend CDBG funds up to $340,000 to cover the purchase price and all related escrow and other processing fees to complete the acquisition. July 21, 2020 Item #2 Page 4 of 10 EXHIBIT 1 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 21st day of July, 2020, by the following vote, to wit: AYES: Hall, Blackburn, Bhat-Patel, Schumacher. NAYS: None. ABSENT: None. MATT HALL, Mayor -,9\/1,96c/IDOVLA BARBARA ENGLESON, City Clerk (SEAL) July 21, 2020 Item #2 Page 5 of 10 Attachment A RECORDING REQUESTED BY: Chicago Title Company When Recorded Mail Document and Tax Statement To: Geoff Patnoe The City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 SPACE ABOVE THIS LINE FOR RECORDER'S USE Escrow Order No.: 73720008431 Exempt from fee per GC 27388.1 (a) (2); recorded in connection with a concurrent APN/Parcel ID(s): 214-620-14-22 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. El The documentary transfer tax is $ and is computed on: CI the full value of the interest or property conveyed. 0 the full value less the liens or encumbrances remaining thereon at the time of sale. The property is located in I the City of Carlsbad. FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Jean K. Savalas, Trustee of the Savalas 2019 Trust Dated March 5,2019 hereby GRANT(S) to The City of Carlsbad the following described real property in the City of Carlsbad, County of San Diego, State of California: For APN/Parcel ID(s): 214-620-14-22 A CONDOMINIUM COMPRISED OF: PARCEL 1: AN UNDIVIDED INTEREST IN THE COMMON AREA: A ONE-TWENTY-FOURTH (1/24TH) UNDIVIDED FRACTIONAL FEE INTEREST IN AND TO ALL OF THE PROPERTY LOCATED IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS MODULE A OF THAT CERTAIN CONDOMINIUM PLAN RECORDED ON APRIL 25, 2005 AS FILE NO. 05-0342075, AND RE-RECORDED MAY 5, 2005 AS FILE NO. 2005-0380844 BOTH OF OFFICIAL RECORDS OF SAN DIEGO COUNTY, CALIFORNIA, AS SAME MAY BE AMENDED, MODIFIED, AND/OR RE-RECORDED FROM TIME TO TIME ("CONDOMINIUM PLAN"). MAIL TAX STATEMENTS AS DIRECTED ABOVE Grant Deed Printed: 06.29.20 @ 01:49 PM SCA0000129.doc / Updated: 04.08.20 CA-CT-FWDO-02180.055824-73720008431 July 21, 2020 Item #2 Page 6 of 10 GRANT DEED (continued) APN/Parcel ID(s): 214-620-14-22 UNIT 22 ON THAT CERTAIN PORTION OF LOT 14 OF CITY OF CARLSBAD TRACT NO. CT 98-14-01 ACCORDING TO MAP THEREOF NO. 14682 FILED ON SEPTEMBER 19, 2003, IN THE RECORDS OF SAN DIEGO COUNTY, CALIFORNIA, AS DESCRIBED AND DEPICTED ON THE CONDOMINIUM PLAN AND AS DESCRIBED IN THE "DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, AND RESERVATION OF EASEMENTS FOR THE BAY COLLECTION" RECORDED ON NOVEMBER 10, 2004 AS FILE NO. 04-070454, AND THE "NOTICE OF ANNEXATION FOR PHASE 2 OF THE BAY COLLECTION", RECORDED ON APRIL 25, 2005, AS FILE NO. 05-0342076, BOTH OF OFFICIAL RECORDS OF SAN DIEGO COUNTY, CALIFORNIA, AS SAME MAY BE AMENDED, MODIFIED, AND/OR RE-RECORDED FROM TIME TO TIME (COLLECTIVELY REFERRED TO AS THE "DECLARATION"). PARCEL 3: NONEXCLUSIVE EASEMENTS OVER ASSOCIATION PROPERTY: A NONEXCLUSIVE EASEMENT APPURTENANT TO THE AFORE-DESCRIBED CONDOMINIUM UNIT FOR INGRESS, EGRESS, USE, AND ENJOYMENT IN, ON, OVER, ACROSS AND THROUGH ALL PORTIONS OF THE ASSOCIATION PROPERTY OF THE PROJECT, EXCEPTING THEREFROM THOSE PORTIONS DESCRIBED AS EXCLUSIVE USE ASSOCIATION PROPERTY, IF ANY, AND ACROSS ALL PORTIONS OF ANY ASSOCIATION PROPERTY SUBSEQUENTLY ANNEXED INTO THE PROJECT, IF ANY, WHICH ARE NOT DESCRIBED AS EXCLUSIVE USE ASSOCIATION PROPERTY. PARCEL 4: EASEMENTS FOR EXCLUSIVE USE ASSOCIATION PROPERTY: THE APPLICABLE EXCLUSIVE USE ASSOCIATION PROPERTY EASEMENTS APPURTENANT TO THE AFORE-DESCRIBED CONDOMINIUM UNIT (E.G. PORCH, DECK, YARD, PARKING SPACE, ETC.), AS MORE PARTICULARLY DESCRIBED AND/OR DEPICTED IN THE DECLARATION, NOTICE OF ANNEXATION, AND/OR THE CONDOMINIUM PLAN ("EXCLUSIVE USE ASSOCIATION PROPERTY"). PROPERTY COMMONLY KNOWN AS: 7018 Forsters Tern Drive, Carlsbad, CA 92011 Dated: June 19, 2020 IN WITNESS WHEREOF, the undersigned have executed this document on the date(s) set forth below. Jean K. Savalas, Trustee of the avalas 2019 Trust Dated March 5,2019 BY: an K. Savalas Trustee Grant Deed Printed: 06.19.20 @04:32 PM SCA0000129.doc / Updated: 04.08.20 CA-CT-FWDO-02180.055824-73720008431 July 21, 2020 Item #2 Page 7 of 10 GRANT DEED (continued) APN/Parcel ID(s): 214-620-14-22 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 ..5,411) /0"&r, on-, _Tun) -DD-O before me, , Notary Public, (here insert name and title of the officer) personally appeared c, E 4A) V>111--)15 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 PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. TERESA R. MCELANEY Notary Public • California San Diego County Commission #2175682 !: Comm.My Ejtir_es_Ja! 12,_204U Signature Grant Deed Printed: 06.19.20 @ 04:32 PM SCA0000129.doc / Updated: 04.08.20 CA-CT-FWDO-02180.055824-73720008431 July 21, 2020 Item #2 Page 8 of 10 CERTIFICATE OF ACCEPTANCE (Pursuant to Government Code 27281) This is to certify that the interest in real property conveyed by the Grant Deed from JEAN SAVALAS, TRUSTEE OF THE SAVALAS 2019 TRUST, to the City of Carlsbad, a municipal corporation (the "City"), is hereby accepted on July 22, 2020, by the undersigned officer or agent on behalf of the City pursuant to authority conferred by City Council Resolution No. 2020 - adopted on July 21, 2020, and the City Council consents to the recordation of said document in the Office of the Recorder of San Diego County, State of California. CITY OF CARLSBAD, a municipal corporation By: Name: Geoff Patnoe Its: Assistant City Manager July 21, 2020 Item #2 Page 9 of 10