HomeMy WebLinkAbout2021-10-12; City Council; Resolution 2021-230RESOLUTION NO. 2021-230
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE ALL REQUIRED
DOCUMENTS AND APPROPRIATING $305,000 IN COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS FOR THE PURCHASE OF AN
AFFORDABLE HOUSING UNIT AT 2674 ALAMEDA CIRCLE
EXHIBIT 1
WHEREAS, the property owner of 2674 Alameda Circle provided notice to the city on July 7,
2021, indicating the owner's intent to sell or transfer ownership of the restricted affordable housing
unit at the noted location; and
WHEREAS, City Council Policy No. 73 authorizes the City Manager or designee to exercise the
city's option to purchase an existing affordable housing unit, subject to City Council appropriation of
funds and acceptance of the grant deed; and
WHEREAS, the purchase is consistent with City Council Policy No. 73 guiding principles in that:
1) the unit would be at-risk of converting to market rate since the owner's resale restriction agreement
with the city has been in effect for more than 15 years; and 2) Community Development Block Grant
funds are available to cover the purchase, the acquisition is consistent with FY 2020-2025 Consolidated
Plan priorities and is an approved activity in the FY 2021-22 CDBG Annual Action Plan; and
WHEREAS, tlie purchase approval by the City Council enables the city to preserve and extend
the affordability of the existing unit, and to resell it to an eligible buyer in accordance with the City of
Carlsbad Affordable Housing Resale Program Guidelines.
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 Manager is authorized to execute all required documents, including th·e
Acceptance of the Grant Deed (Attachment A), for the purchase of said property, and to
expend $305,000 in Community Development Block Grant funds to cover the purchase
price, related escrow and other processing fees to complete the acquisition.
Additionally, said funds are authorized for costs related to refurbishing and preparing
the unit for resale.
Oct. 12, 2021 Item #2 Page 5 of 31
RECORDING REQUESTED BY: Chicago Title Company
When Recorded Mail Document
and Tax Statement To: Geoff Patnoe
City of Carlsbad 1200 Carlsbad Village Drive Carlsbad,CA 92008
Escrow Order No.: 73721012466
APN/Parcel ID(s): 213-190-04-23
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)
0 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 $ _______ 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, Daryl Neal, an unmarried woman as to undivided 90% interest and Natasha Tyron, a married woman as her sole and seperate proeprty (who acquired title as Natasha Albright, a single woman), as to an undivided 10% interest as tenants in common
hereby GRANT(S) to 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): 213-190-04-23
A more complete legal description attached hereto and made a part hereof marked as Exhibit A
PROPERTY COMMONLY KNOWN AS: 2674 Alameda Circle, Carlsbad, CA 92009
Grant Deed SCA0000129.doc I Updated: 04.08.20
MAIL TAX STATEMENTS AS DIRECTED ABOVE
Printed: 09.24.21 @ 04:45 PM
CA-CT-FWDO-02180.055822-73721012466
Attachment A
Oct. 12, 2021 Item #2 Page 7 of 31
Oct. 12, 2021 Item #2 Page 8 of 31
APN/Parcel ID(s): 213-190-04-23
Dated: September 24, 2021
GRANT DEED
(continued)
IN WITNESS WHEREOF, the undersigned have executed this document on the date(s) set forth below.
Daryl Neal
t\)J-1)__(2 .'[
Natasha Tryon ~
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 G-eo~~l c,_,_
County of F" \,-\:. o t'\
On __ q..J.-f---/_Z_7..;...._· .....;.../_Z_O_Z_I __ before me. P4 (l{lG~i,, G-J?-fl. N f , Notary Public,
(here insert name and title of the officer)
personally appeared Jv A TA SH A Ill Y O A/ ,
who proved to me on the basis of satisfactory evidence to be the personk8'1 whose name~ isja,rEr"subscribed to the
within instrument and acknowledged to me that-Ae/she/~ executed the same in +tts/herJtheir authorized capacit~
and that by ~her/tfle+r signature~ 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 :ffi~ ~~ ~---
Signature
Grant Deed
SCA0000129.doc I Updated: 04.08.20
Darrell Grant
NOTARY PUBLIC
Cobb County, GEORGIA
My Commission Expires 05/20/2025
Printed: 09.24.21 @ 04:46 PM
CA-CT-FWDO-02180.055822-73721012466
Oct. 12, 2021 Item #2 Page 9 of 31
APN/Parcel ID(s): 213-190-04-23
Dated: September 10, 2021
GRANT DEED
(continued)
IN Vl4V:e undersigned have executed this document on the date(s) set forth below.
oarylNa1
Natasha Albright
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 __ Ct{___.__/_,f{) _______ ~_fl_1(/ ____ _
County of Sa/\ V ?Jo
On )e ptG(VJ h e.r 23, 2o2-t before me, _____ /---'. f:~1_'n,_~~"'-~'-------------' Notary Public,
(here insert name and title of the officer)
personally appeared 'Dar¥/ )le.a_ ( ,
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.
WITNESS my hand and 0-71 seal.
~ Cr
Signature
Grant Deed
SCA0000129.doc I Updated: 04.08.20
Printed: 09.10.21 @ 04:02 PM
CA-CT-FWDO-02180.055822-73721012466
Oct. 12, 2021 Item #2 Page 10 of 31
EXHIBIT "A"
44031
MULBERRY AT BRESSI RANCH
Phase 2
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 MU LB ERR Y AT BRESSI RANCH CONDOMINIUM PLAN (the
"Condominium Plan,') recorded on February 1 I, 2005, as Document No. 2005-0 I I 7224, 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.
RESER VINO 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. __IL, 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 Ease·ments 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 Restrjctions 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.
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4403,2
RESERVING 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 MulJ,erry Declaration is described below.
ALSO RESERVING FROM ALL PARCELS, for the benefit of Granter, 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 Granter, in its sole discretion, (ii) to
comply with requ~rements for the recordation of the subdivision map described above or the
grading or construction of the Properties, as defined in the Mulberry Declaration, or (iii) 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 dght, Grantor may enforce this right of entry in a court of law. Grantee shall be
responsible for all damages arising out of such refusal to cooperate, including attorneys' fees and
court costs. The term of this reservation of right of entry shall automaticaJly expire ten ( 10)
years after the date this Grant Deed is recorded. .
ALSO EXCEPTING AND RESERVING 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 foJlowing in favor of the Grantor under such Grant Deed:
A. All oil, oil rights, minera_ls, mineral rights, natural gas rights and other
hydrocarbons by whatsoever name known, geothennal 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 driJling, 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 or
directionally dri11ed 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 dril1, 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, recqnstruct 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, drillt redrill, remove and store the same from or in the Land or to divert or
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44033
otherwise utilize such water, rights or interests on any other property owned or !eased 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-pub1ic entity, said
easements in favor of Gran tor 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 statute hereafter in
effect, or upon conveyance· to an association whose members consist in whole or in part of such
buyers or other transferees.
THIS CONVEYANCE JS MADE SUBJECT TO:
I. Current Taxes and Assessments.
2. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS AND
RESERVATION OF EASEMENTS FOR MULBERRY AT BRESSI RANCH recorded on
March 10, 2005, as Document No. 2005-0197712, in the Office of the County Recorder of San
Diego. County, California ("Mulberry Declaration") and any amendments thereto, and the
covenants, conditions, restrictions, rights, easements, reservations, benefits and burdens therein
contained, each and all of which are covenants running with the land established in accordance
with Section 1468 of the California Civil Code for the benefit of and binding upon the parties
hereto and each successive owner of all or any portion of the land affected thereby and are
hereby expressly incorporated herein by reference as though set out herein in full.
3. The Notice of Builder's Election for Handling of Construction Claims pursuant to
California Civil Code Section 895 et seq. recorded on February 28, 2005, as Document No.
2005-0159300, in the Office of the County Recorder of San Diego County ("Notice of
Election") and the restrictions, rights, benefits and burdens therein contained, each and all of
which are covenants running with the land established in accordance with Section 1468 of the
California Civi] Code for the benefit of and binding upon the parties hereto and each successive
owner of alJ or any portion of the land affected thereby and are hereby expressly incorporated
herein by reference as though set out herein in full.
4. The Deed and Declaration Establishing Access Easement Rights recorded on February
28, 2005, as Document No. 2005-0159299, Official Records of San Diego County, California
('~ccess Declaration").
5. All other covenants, conditions, restrictions, reservations, rights, rights-of-way and
easements of record as well as any of such matters that are apparent.
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