HomeMy WebLinkAbout2007 CON CDC Sweetwater Authority - Purchase of Strip of LandNOTE TO FILE
04-20-10
IN THE MATTER OF: Resolution of the CDC authorizing the
purchase of a strip of land from the Sweetwater Authority to
complete the land assemblage for the Martina Gateway
project. Please note the following:
A FULLY EXECUTED ORIGINAL AGREEMENT WAS 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
• 10-09-07 - Checked with Pat Beard with CDC
• 10-11-07 - Per Colby Young with CDC, waiting for Sweetwater Authority to approve sale
12-04-07 - Requested Colby Young with CDC to follow up
NTF
AGREEMENT AND ESCROW INSTRUCTIONS
FOR USE OF QUITCLAIM DEED
(Escrow No. 53010810E)
TO: Chicago Title Company
2365 Northside Drive
Suite 600
San Diego, CA 92108
("Escrow Holder")
Escrow No.: 53010810E
Escrow Officer:
This Agreement is made and entered into by and between the Community Development
Commission of the City of National City, a community development commission ("CDC");
Sweetwater Authority, a joint powers agency formed pursuant to Government Code Section
6500 et seq. ("Sweetwater"); and Marina Gateway Development Company, LLC, a California
limited liability company ("MGDC").
RECITALS
A. Sweetwater is the owner of a strip of real property 10 feet by 220 feet in area (the
"Property"), located within the National City Redevelopment Project Area. Sweetwater
has determined the Property to be surplus, and wishes to sell the property.
B. CDC wishes to acquire the Property as part of its land assemblage for a redevelopment
project known as Marina Gateway, which is being developed by MGDC.
C. Sweetwater is willing to transfer the Property to CDC for the sum of $26,400.
D. CDC is willing to pay Sweetwater the sum of $22,000 for the Property, in order for the
land to be included in the conveyance of land from the CDC to MGDC for the Marina
Gateway Project.
E. MGDC is willing to contribute the sum of $4,400 for CDC's acquisition of the Property.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the parties hereto agrees as follows:
1. Escrow Instructions for Use of Quitclaim Deed. Not later than 5:00 p.m. on October 15,
2007, Sweetwater shall deliver to Chicago Title Company, 2365 Northside Drive, Suite
600, San Diego, CA 92108, Attention: Escrow No. 53010810E, an executed Quitclaim
Deed in favor of the Community Development Commission of the City of National City,
a community development commission, which covers any interest that Sweetwater may
have in the Property described in Exhibit "A" to the Quitclaim Deed, which is attached
AGREEMENT AND ESCROW INSTRUCTIONS
FOR USE OF QUITCLAIM DEED
(Escrow No. 53010810E)
Page 1 of 3
S DPUB\CCOW ET313 55796.2
hereto as Attachment "1". A copy of said Quitclaim Deed shall be delivered concurrently
to the CDC, and to MGDC.
2. Acceptance and Recordation of Quitclaim Deed. Not later than 5:00 p.m. on October 18,
2007, CDC shall deliver to Chicago Title Company a duly authorized certificate of
Acceptance of the Quitclaim Deed. Said Acceptance, together with the Quitclaim Deed,
shall be recorded by Chicago Title Company upon the closing of Escrow No. 53010810E.
3. Payment of Purchase Price. Not later than 5:00 p.m. on October 25, 2007, from funds
deposited into Escrow No. 53010810E by MGDC, Chicago Title Company, shall deliver
a check in the sum of $26,400 to Sweetwater Authority, 505 Garrett Avenue, Chula
Vista, CA 91912, Attention: James Smyth, Deputy Operations Manager.
4. Counterparts. This Agreement may be executed in one or more counterparts, each of
which shall be deemed to be an original, and such counterparts shall constitute the same
document.
IN WITNESS WHEREOF, the Parties have executed this Amendment to be effective as
of the dates specified herein.
CDC:
Dated: October 17 , 2007 COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF NATIONAL CITY, a public body,
corporate and politic
By:
ATTE
Bran, Secretary
APPROVED AS TO FORM:
George H. iser, III
Legal Counsel
SDPUB\CCO W ET7\355796.2
Ron Morrison, Chairman
AGREEMENT AND ESCROW INSTRUCTIONS
FOR USE OF QUITCLAIM DEED
(Escrow No. 53010810E)
Page 2 of 3
Dated: October , 2007 MARINA GATEWAY DEVELOPMENT COMPANY,
LLC, a California limited liability company
By: Sycuan Tribal Development Corporation,
a Tribally chartered corporation, Manager
By:
Its:
Dated: October , 2007. SWEETWATER AUTHORITY
By:
Its:
ATTEST:
Rita Schoonderwoerd, Secretary
of the Board
APPROVED AS TO FORM:
C. Michael Cowett, General
Counsel
Acceptance by Escrow Holder:
Chicago Title Company hereby acknowledges that it has received a fully executed original or
original executed counterparts of the foregoing Agreement and Escrow Instructions for Use of
Quitclaim Deed, and agrees to act as Escrow Holder thereunder and to be bound by and strictly
perform the terms thereof as such terms apply to Escrow Holder.
Dated: October , 2007. Chicago Title Company,
a California corporation
By:
Its Authorized Agent
AGREEMENT AND ESCROW INSTRUCTIONS
FOR USE OF QUITCLAIM DEED
(Escrow No. 53010810E)
Page 3 of 3
SDPUA\CCOWETTU 557962
When recorded, mail to:
SWEETWATER AUTHORITY
P.O. Box 2328
505 Garrett Avenue
Chula Vista, CA 91912-2328
Attn: Engineering Department
Mail Tax Statements to:
City of National City
Community Development Commission
1243 National City Boulevard
National City, CA 91950
(SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY)
Documentary Transfer Tax: None
./ Computed on Full Value
of Property Conveyed, or
Computed on Full Value
Less Liens and Encumbrances
Remaining at Time of Sale.
Signature of Declarant or Agent
determining tax — Firm Name
Tax Roll Parcel No.: 559-160-03
Project Name: Marina Gateway Plaza Hotel
QUITCLAIM DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, and
subject to the conditions set forth below,
SWEETWATER AUTHORITY
a Joint Powers Agency, a public agency formed pursuant to Government Code Section
6500 et seq., hereby REMISES, RELEASES AND FOREVER QUITCLAIMS to
THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF NATIONAL CITY
the real property described in Exhibit "A" and depicted in Exhibit "B" hereto and made a
part hereof, located in the City of National City, County of San Diego, State of California.
This conveyance is made subject to the following conditions:
ATTACHMENT "1"
1. The Grantee hereby agrees to indemnify, hold harmless, and release the Grantor
from any and all liability related to or arising out of the real property conveyed
herein, and,
2. The Grantee hereby accepts the property conveyed herein in an "as is" condition.
IN WITNESS WHEREOF, said District has caused this instrument to be executed by its
Chair and Secretary thereunto duly authorized.
Date: (P�o6er /5- , 20 07
SWEETWATER AUTHORITY
By
I:\engr\Dev\Marina Gateway Plaza Hotel\Cor\Quitclaim Deed.doc
f,e%
Secretary
Exhibit "A"
A Ten Foot (10') Strip of land in Cleveland Ave (vacated) as follows:
THAT PORTION OF THE EAST ONE-HALF OF CLEVELAND AVENUE
(FORMERLY 8TH AVE), LYING ADJACENT TO TRACT "A" OF THE CHAMBER
OF COMMERCE INDUSTRIAL LANDS NO. 1, IN THE CITY OF NATIONAL
CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
MAP THEREOF NO. 1731, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY JUNE 9, 1922, DESCRIBED AS
FOLLOWS:
THAT PORTION OF THE EAST ONE-HALF OF CLEVELAND AVENUE LYING
WESTERLY OF THE EASTERLY 40.00 FEET OF SAID STREET;
LYING SOUTHERLY OF THE WESTERLY PROLONGATION OF THE
NORTHERLY LINE OF SAID TRACT "A"; AND LYING NORTHERLY OF THE
EASTERLY PROLONGATION OF THE SOUTHERLY LINE OF 25T" STREET.
Iaengr\Dev\Marina Gateway Plaza Hotel'Cor\LEGAL FOR SWEETWATER LAND (Revised).doc
m
QUITCLAIM SWEETWATER
AUTHORITY SURPLUS PROPERTY
A.P.N. 559-160-21-00
1: \engr\Dev\Marina Gateway Plaza Hotel\DWG\marina alazohotel—PROPERTY—QC
EXHIBIT B - QUITCLAIM PLAT
2-SW-
ENGINEER
DATE
TO: Community Development Commission
of the City of National City
FROM: Sweetwater Authority
RECORDING DATE:
DOCUMENT NO:
PROJECT: Marina
Gateway Plaza Hotel
SCALE: 1"=100'
SHEET 1 OF 1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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RESOLUTION NO. 2007 — 235
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF NATIONAL CITY AUTHORIZING THE PURCHASE OF
A STRIP OF LAND TO COMPLETE THE LAND ASSEMBLAGE
FOR THE MARINA GATEWAY PROJECT
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 strip of land 10 by 220 feet in size, is
owned by the Sweetwater Authority. Sweetwater has initiated proceedings to have the strip of
land declared surplus by its Board, to enable the property to be sold to the CDC. The purchase
price would by $22,000, which is based on the prevailing price for land in the vicinity; and
WHEREAS, in order to complete the assemblage of land for the Project, it has
been proposed that the property be purchased by 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 by the Developer.
NOW, THEREFORE, BE IT RESOLVED that the Community Development
Commission of the City of National City hereby authorizes the purchase of a 2200 square feet
strip of land from the Sweetwater Authority, for the purchase price of $22,000.
BE IT FURTHER RESOLVED that said strip of land shall be sold and conveyed
to the Marina Gateway Development Corporation for $22,000, and that the Executive Director is
authorized to execute all documents relating to such sale and conveance.
PASSED and ADOPTED this 2"d day of Octob>r, 20
on Morrison, Chairma
ATT ST-
OMP
�/� aRau .ton, Secretary
APPROVED AS TO FORM:
George H. Eiser, Ill
Legal Counsel
Passed and adopted by the Community Development Commission of the City of National
City, California, on October 2, 2007, by the following vote, to -wit:
Ayes: Commissioners Natividad, Parra, Ungab, Zarate.
Nays: None.
Absent: Commissioner Morrison.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Chairman, Community Development Commission
s
Secretary, • v.r.- % Development Commission
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2007-235 of the Community Development Commission of the City of
National City, California, passed and adopted on October 2, 2007.
Secretary, Community Development Commission
By:
Deputy
uaao�t•'�G
City of National City, California
COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT
MEETING DATE October 2, 2007
AGENDA ITEM NO.
19
ITEM TITLE RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF
NATIONAL CITY AUTHORIZING THE PURCHASE OF A STRIP OF LAND FROM SWEETWATER AUTHORITY
TO COMPLETE THE LAND ASSEMBLAGE FOR THE MARINA GATEWAY PROJECT
PREPARED BY George H. Eiser, Ill f44 DEPARTMENT City Attorney
(Ext. 4221)
EXPLANATION
It was several years ago that the CDC acquired the land on which the Marina Gateway Project will
be constructed. However, relatively recently, in preparing the documents for transfer of the land to 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.
Subsequent efforts by special counsel have resulted in the owners of one of those remnants quitclaiming
their interest to the CDC, without payment of additional compensation by the CDC.
An additional remnant, a strip of land 10 feet by 220 feet in size, is owned by the Sweetwater
Authority. Sweetwater has initiated proceeding to have the strip of land declared surplus by its Board, to
enable to property to be conveyed to the CDC. The purchase price would be $22,000, which is based on
the prevailing price for land in the vicinity.
The proposed resolution would authorize the purchase of the property by the CDC. The deed of
the property would be placed into escrow, and sold to the Developer as part of the sale of the entire
development site, with the purchase price being paid out of escrow funds deposited by the Developer.
_}
Environmental Review 'J 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 0 o '4` r"
Resolution
Map showing location of property
A-200 (9/99)