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HomeMy WebLinkAbout2007 CON CDC San Diego & Arizona Eastern Railroad (SD&AE) / Metropolitan Transit System (MTS) - Property PurchaseNOTE TO FILE 04-20-10 IN THE MATTER OF: Resolution of the CDC authorizing the purchase of a parcel of property from the San Diego and Arizona Eastern (SD&AE) Railroad / Metropolitan Transit System (MTS) to complete the land assemblage for the Marina Gateway Project; authorizing the Chairman to execute Settlement Agreement, Mutual Release of All Claims, and Escrow Instructions with SD&AE / MTS; and authorizing the Chairman to execute a Certificate of Acceptance for said property. Please note the following: A FULLY EXECUTED ORIGINAL AGREEMENT, MUTUAL RELEASE, ESCROW INSTRUCTIONS AND CERTIFICATE OF ACCEPTANCE WERE NEVER FILED WITH THE OFFICE OF THE CITY CLERK ORIGINATING DEPARTMENT: _ CDC Housing & Grants X City Attorney _ Human Resources _ City Manager _ MIS _ Community Svcs. _ Planning Engineering _ Police Finance _ Public Works Fire • 01-07-08 - Checked with Ginny Orcutt with the Office of the City Attorney. Per Ginny, City Attorney is still in the process of working on the Agreement NTF RECORDING REQUESTED BY aTEWART TITLE OF CALIFORNIA R CORDING REQUESTED BY and WHEN RECORDED MAIL TO: City of National City Community Development Commission 1243 National City Boulevard National City, California 91950 DOC # 2008-00 1 4987 9 819 I IIIIlII IIII Ilfll II II Ilill IIII! III I IIIII I!II III I IIIII IIIII IIII JAN 11, 2008 4:59 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORYJ. SMITH, COUNTY RECORDER FEES: 0.00 OC: OC PAGES: 5 IIIIII1111II1110IIIIIIIIOIIIIIIII0I11D111III01111IIId111IIIIIII1111I1 Space above this line for Recorder's use MTS Doc. No.S200-06-291.3 This Quitclaim Deed is exempt from Documentary Tax pursuant to Revenue and Taxation Code Section 11922. Recording without fee requested pursuant to Government Code Section 27383 QUITCLAIM DEED For a valuable consideration, receipt of which is hereby acknowledged, the San Diego and Arizona Eastern Railway Company (SD&AE), HEREBY REMISES, RELEASES AND FOREVER QUITCLAIMS to the City of National City Community Development Commissionjhe real property in the County of San Diego, State of Califomia, described as follows: That certain real property which is completely described on Exhibit "A" and being shown on the plat marked Exhibit "B" attached hereto and incorporated herein. WITNESS WHEREOF, SD&AE has executed this instrument on this day of January 200$. SAN DIEGO AND ARIZONA EASTERN RAILWAY COMPANY Pa nski President III r, J-14497A EXHIBIT "A" "STREET SEVERED PARCEL" MARINA GATEWAY 9820 The Westerly Half of former Cleveland Avenue, now vacated and closed to public use, lying adjacent to and contiguous with and Easterly of the Easterly line and its Southerly prolongation terminating at the centerline of 25th Street, of Block 281 of National City, according to Map thereof No. 348, filed in the Office of the County Recorder of said County of San Diego. Together with the Northerly Half of former 25th Street, now vacated and dosed to public use, lying adjacent to, contiguous with and Southerly of the Southerly line of said Block 281 of National City. Excepting therefrom any portion of said 25th Street NOT lying within that land described in a deed recorded December 31, 1986 as File No. 86-626446, filed in the Office of said County Recorder. Richard V. Berry, L.S. 5765 Jbj14497a streetsevered.015 /r—r/—D7 . Date }1 9821 wtNP as3 11_ r.ACT sTeo ale: 7 JTtE F tea. 30 Ji0-6(f CALIFORNIA ALL-PURPOSE 9822 CERTIFICATE OF ACKNOWLEDGMENT State of California ys^ County of Sa.. L On 1 " Z' O S before me, personally appeared LIL l G A Ct. O �t(Heree insert name and title of the officer) kIL/f•R� �on �i k who proved to me on the basis of satisfactory evidence to be the person¢whose name + e subscribed to the within instrument and acknowledged to me that helskirAimy executed the same in hi authorized capacity:bit), and that by his/1wttLEiheir signature$. on the instrument the personljt), or the entity upon behalf of which the person$ 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 i and and of .al seal. of Notary Public • (Notary Seal) 1 3 VIc O GLACE ROGER8 E COMM. 11788471 g Henry Publionsakvale SAN DIEoo COWRY wl Owe. nse►tI • ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed M Calfrnia must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances. any ahernative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal fora notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her convnission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they,- is Jane ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal hopression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must snatch the signature on file with the office of the county clerk. G Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. O Indicate title or type of attached document, number of pages and date. .0 Indicate the capacity claimed by the signer. if the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document DESCRIPTION OF THE ATTACHED DOCUMENT a4t .kkmM• (Title or description of attached document) (Title or description of attached document continued) Number of Pages 3 Document Date I.2 - 0 6 (Additional information) CAPACITY CLAIMED BY THE SIGNER 0 Individual (s) Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2008 Version CAPA v 12.10.07 800-873.9865 www.NotaryClacc•s.com • 9823. Mayor Ron Morrison City of National City 1243 National City 8hrd., National City. CA 91950 Phone: 619 336-0236 Fax 619 336-4327 Email: RMorrison@ci.national-city.ca.us CERTIFICATE OF ACCEPTANCE (Government Code Section 27281) This is to certify that the interest in real property conveyed by the Quitclaim Deed dated January 2, 2008 from the San Diego and Arizona Eastern Railway Company to the Community Development Commission of the City of National City, a community development commission, is hereby accepted by order of the Community Development Commission of the City of National City on December 18, 2007, pursuant to the authority conferred by Resolution No. 2007-277 of the Community Development Commission of the City of National City adopted on December 18, 2007, and the grantee consents to recordation thereof by its duly authorized officer. Date: January 9, 2008 By: Ron Morrison, Chairman Community Development Commission of the City of National City RE -RECORDED 111111 D # 2ao -0273342 1 II 11 ll� ll l �� �� 11 11 If IIII RECORDING REQUESTED BY STEWART TITLE OF CALIFORNIA, INC. SAN DIEGO DIVISION AND WHEN RECORDED MAIL TO: City of National City O Community Development Commission �� 1243 National City Boulevard 1� National City, CA 91950 2925 Portion of APN: 559-117-14 AP MAY 21, 2008 9:12 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE r FIEGORY J. SMITH, COUNTY RECORDER FEES: 0.00 o NA PAGES: 7 1 I I I I I 1011111111111 I Y I 1111111111111111111111111111111111111111111111 N I I I I I I [THIS SPACE FOR RECORDER ONLY] QUITCLAIM DEED (DOCUMENT TITLE) THIS QUITCLAIM DEED IS BEING RE -RECORDED FOR THE SOLE PURPOSE OF ATTACHING A COMPLETE AND LEGIBLE EXHIBIT "B" WHICH EXHIBIT "B" WAS OMITTED FROM THE ORIGINAL RECORDING ON JANUARY 11, 2008 AS FILE NO. 2008-0014987 OF OFFICIAL RECORDS SAN DIEGO AND ARIZONA EASTERN RAILWAY COMPANY Pa President nski THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (ADDITIONAL RECORDING FEE APPLIES) RECEIVED Community Development Commission DOC # 2008--00 1498? RECORDING REQUESTED BY STEWART TITLE OF CALIFORNIA RECORDING REQUESTED BY and WHEN RECORDED MAIL TO: City of National City Community Development Commission 1243 National City Boulevard National City, California 91950 JAN 11, 2008 4:59 PM OFFICIAL FIELLFI[ [IEGLI i ih;'`r'FE CFiE,E LLFH E pREGoRy rfu it,FT' [JEF FEES O.r_in I 'J_ U L. PACES: 5 //7 -/y Space above this line for Recorder's use ;c926 MTS Doc. No.S200-06-291.3 This Quitclaim Deed is exempt from Documentary Tax pursuant to Revenue and Taxation Code Section 11922. Recording without fee requested pursuant to Government Code Section 27383 QUITCLAIM DEED For a valuable consideration, receipt of which is hereby acknowledged, the San Diego and Arizona Eastern Railway Company (SD&AE), HEREBY REMISES, RELEASES AND FOREVER QUITCLAIMS to the City of National City Community Development CommissionLthe real property in the County of San Diego, State of California, described as follows: That certain real property which is completely described on Exhibit "A" and being shown on the plat marked Exhibit "B" attached hereto and incorporated herein. WITNESS WHEREOF, SD&AE has executed this instrument on this day of SLIIlIi:Lryl 200 I SAN DIEGO AND ARIZONA EASTERN RAILWAY COMPANY Pa President nski J-14497A EXHIBIT "A" "STREET SEVERED PARCEL" MARINA GATEWAY 2927 The Westerly Half of former Cleveland Avenue, now vacated and closed to public use, lying adjacent to and contiguous with and Easterly of the Easterly line and its Southerly prolongation terminating at the centerline of 25th Street, of Block 281 of National City, according to Map thereof No. 348, filed in the Office of the County Recorder of said County of San Diego. Together with the Northerly Half of former 25th Street, now vacated and closed to public use, lying adjacent to, contiguous with and Southerly of the Southerly line of said Block 281 of National City. Excepting therefrom any portion of said 25th Street NOT lying within that land described in a deed recorded December 31, 1986 as File No. 86-626446, filed in the Office of said County Recorder. Richard V. Berry, L.S. 5765 ]b/14497a streetsevered.016 /r'rW -O% Date EXHIBIT'B' MOST NORTHERLY CORNER, APN 559-117-15 8LK 281 BAY MARINA APN 559-160-21 WESTERLY HALF OF CLEVELAND AVE. A (FORMERLY 8TH 348PER ♦ APN 559-160-03 SCALE 2928 DRIVE cpo APN 559-160-09 y,) e` c3\ LEGEND PARCEL 'B' •���A ��jj �i C� *�.�.MAP APN 559-117-14 ����A PARCEL 'A' ����� FOLK 281 MAP 348 .. 1r�g � .� �•� NORTHERLY HALF OF 25TH STREET Wcj �� APN 559-160-11 Lu 00 AREA QUIT CLAIMED - 50 0 x� -N 100 1u= 100' SHEET 1 OF 1 5620 FRIARS ROAD J. 14497A SAN DIEGO, CA 92110 RICK 619.291.0707 ENGINEERING COMPANY (FAX)619.291.4165 R. \1 4497A\affirlbIta\I4197RILRCL di \\arvs 161' RI okStatdarda\Berrt Iey2006\workapaw\proJwta\Cap4Ma-2006-SC\IPI et\ CorpSida20083D. pan 21-FEB-2008 13.18 personally appeared CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Set,/t On i - 2 -Q e before me, l L-4L GleAth. (Here insert name and title of the officer) ctul ski 0 2929 who proved to me on the basis of satisfactory evidence to be the person $.whose name 4 e subscribed to the within instrument and acknowledged to me that he/sh !ihey executed the same in his/ - - authorized capacity), and that by his/keo4heir signature* on the instrument the person) c , or the entity upon behalf of which the personnacted, 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 .and and official seal. e of Notary Public (Notary Seal) j VICKI GLACE ROGERSPublioCiNomla COMM. #1788471 9NotaryAN DIEOO COUNTY COMM. 11, 9011 E • . ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a .separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certlfying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. lie/she/hey, is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must he clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. • Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. • Indicate title or type of attached document, number of pages and date. • Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document DESCRIPTION OF THE A'I'TACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages 3 Document Date %' 2 • Q (Additional information) CAPACITY CLAIMED BY THE SIGNER E Individual (s) Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClasses.com personally appeared Pam State of California County of t^,(.y..,‘ e c 0 On S " 5-- 08 before me, Olek j CT'G („(, O (Here insert name and title of the officer C• YCi\oVls14%,' who proved to me on the basis of satisfactory eviden e to be the personwhose name CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT 2930 re subscribed to the within instrument and acknowledged to me that "1�'.he/they executed the same in er/their authorized capacity('), and that b er/their signatures•) on the instrument the person($, or the entity upon behalf of which the person* 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. e of r-5 Public Si fltur Notary (Notary Seal) VICIILACE RoGEas COMM. #1768471 Notary Public-CW=1a SAN MOO COUNTY Oamk % 1,l42.°1.1_ i ADDITIONAL OPTIONAL INFORMATION DESCRIPTION//jjOF THE ATTACHED DOCUMENT V, ulTC.la 1i1 dj/p.t. J.- (Title or description of attached document) e - i1 e-c.orrA„ (Title or description of attached document continued) Number of Pages Ce, Document DateC•S.- Oe, (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) `` . orporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other • INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certiffing the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must he the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they, is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area pem» ts, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. • Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. :• Indicate title or type of attached document, number of pages and date. • Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClasses.com Mayor Ron Morrison City of National City 1243 National City Blvd., National City, CA 91950 Phone: 619 336-4236 Fax: 619 336-4327 Email: RMorrison©ci.national-city.ca.us 2931 CERTIFICATE OF ACCEPTANCE (Government Code Section 27281) This is to certify that the interest in real property conveyed by the Quitclaim Deed dated January 2, 2008 from the San Diego and Arizona Eastern Railway Company to the Community Development Commission of the City of National City, a community development commission, is hereby accepted by order of the Community Development Commission of the City of National City on December 18, 2007, pursuant to the authority conferred by Resolution No. 2007-277 of the Community Development Commission of the City of National City adopted on December 18, 2007, and the grantee consents to recordation thereof by its duly authorized officer. Date: January 9, 2008 By: Ron Morrison, Chairman Community Development Commission of the City of National City RESOLUTION NO. 2007 — 277 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING THE PURCHASE OF A PARCEL OF PROPERTY FROM THE SAN DIEGO AND ARIZONA EASTERN (SD&AE) RAILROAD/METROPOLITAN TRANSIT SYSTEM (MTS) TO COMPLETE THE LAND ASSEMBLAGE FOR THE MARINA GATEWAY PROJECT; AUTHORIZING THE CHAIRMAN TO EXECUTE A SETTLEMENT AGREEMENT, MUTUAL RELEASE OF ALL CLAIMS, AND ESCROW INSTRUCTIONS WITH SD&AE/MTS; AND AUTHORIZING THE CHAIRMAN TO EXECUTE A CERTIFICATE OF ACCEPTANCE FOR SAID PROPERTY WHEREAS, several years ago the Community Development Commission of the City of National City ("CDC") acquired the land on which the Marina Gateway Project (the "Project") will be constructed. Recently, while preparing the documents for transfer of the land to the Marina Gateway Development Corporation (the "Developer"), staff discovered that there were remnants of land that had not been included in the original acquisition, because the title company failed to identify these remnants and earmark them for acquisition; and WHEREAS, one of those remnants, a parcel of land 23,574 square feet in area, is claimed to be owned by the SD&AE Railroad, a public benefits corporation whose sole member is the Metropolitan Transit System (MTS); and WHEREAS, in order to complete the assemblage of land for the Project, it has been proposed that the property be quitclaimed by MTS to the CDC, then conveyed to the Developer as part of the sale of the conveyance of the entire redevelopment site, with the purchase price being paid out of escrow from the funds deposited by the Developers; and WHEREAS, the MTS Board has approved the quitclaim of the property to the CDC for $12 per square feet, plus reimbursement of the attorney's fees incurred by MTS during a title dispute over the property. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby authorizes the purchase of a 23,574 square foot parcel of land from SD&AE Railroad/MTS, for the purchase price of $282,888, plus attorney's fees of $10,275. BE IT FURTHER RESOLVED that the deed for said parcel shall be placed in escrow, and sold to the Developer as part of the sale of the entire redevelopment site, with the purchase price being paid out of escrow funds deposited by the Developer. BE IT FURTHER RESOLVED that the Chairman is hereby authorized to execute a Settlement Agreement, Mutual Release of Claims, and Escrow Instructions with SD&AE Railroad/MTS. BE IT FURTHER RESOLVED that the Chairman is hereby authorized to execute a Certificate of Acceptance for said property. -- Signature Page to Follow -- Resolution No. 2007-277 December 18, 2007 Page 2 PASSED and ADOPTED this 18th day of Decem 2007. on Morrison, Chairman ATTEST: Brad Ra retary APPROVED AS TO FORM: George H. Eiser, III Legal Counsel Passed and adopted by the Community Development Commission of the City of National City, California, on December 18, 2007, by the following vote, to -wit: Ayes: Commissioners Morrison, Natividad, Parra, Ungab. Nays: None. Absent: Commissioner Zarate. Abstain: None. AUTHENTICATED BY: RON MORRISON Chairman, Community Development Commission Secretary, Corn evelopment Commission By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2007-277 of the Community Development Commission of the City of National City, California, passed and adopted on December 18, 2007. Secretary, Community Development Commission By: Deputy CityAVDED of National City,California ITEM G COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE December 18, 2007 AGENDA ITEM NO. lq ITEM TITLE RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING THE PURCHASE OF A PARCEL OF PROPERTY FROM THE SAN DIEGO AND ARIZONA EASTERN (SD&AE) RAILROAD/METROPOLITAN TRANSIT SYSTEM (MTS )TO COMPLETE THE LAND ASSEMBLAGE FOR THE MARINA GATEWAY PROJECT; AUTHORIZING THE CHAIRMAN TO EXECUTE A SETTLEMENT AGREEMENT AND MUTUAL RELEASE OF ALL CLAIMS AND ESCROW INSTRUCTIONS; AND AUTHORIZING THE CHAIRMAN TO EXECUTE A CERTIFICATE OF ACCEPTANCE FOR SAID PROPERTY PREPARED BY EXPLANATION DEPARTMENT George H. Eiser, III (Ext. 4221) Please see attached memorandum. City Attorney Environmental Review N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. a ° ° 11 Memorandum Resolution A-200 (9/99)