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HomeMy WebLinkAbout2016 CON HA City of National City (GRANT DEED) - Transfer of Portions of Hoover and Harding AvenueNOTE TO FILE 11-28-16 IN THE MATTER OF: Resolution of the Community Development Commission — Housing Authority of the City of National City accepting the transfer by Grant Deed of certain real property from the City of National City consisting of portions of Hoover Avenue and Harding Avenue previously vacated by City Council Resolution 2013-183 for the Westside Infill Transit Oriented Development. Please note the following: THE FULLY EXECUTED ORIGINAL GRANT DEED HAS BEEN FILED WITH CITY COUNCIL RESOLUTION NO. 2015-148 UNDER THE SAME CONTRACT FILE NO. D2016-3 • Only one fully executed original Grant Deed has been provided for both City Council Resolution No. 2015-148 and Housing Authority Resolution No. 2016-41 NTF RECORDING REQUESTED BY: Old Republic Title Company 7 Escrow No.: 1117014676 APN: 560-391-12 & 559-124-08 When Recorded Mail Document and Tax Statements to: City of National City, Office of the City Clerk 1243 National City Blvd. National City, CA 91950 Grant Deed DOC# 2016-0537265 II I I I I11111111111111111 I11111(111111111111I I III111111111 II Oct 06, 2016 02:07 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $24.00 PCOR: YES PAGES: 4 SPACE ABOVE THIS LINE IS FOR RECORDERS USE The undersigned grantor(s) dedare(s): Documentary Transfer Tax is $0.00 R&T 11911 - Deed to governmental agency. This deed Is recorded to establish the vacation legal description pursuant to a Resolution Authorizing an Order of Vacation recorded June 17, 2014, document number 2014-250448 (X) computed on full value of property conveyed, or ( ) computed on full value less of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: (X) City of National City FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, City of National City hereby GRANT(S) to Community Development Commission -Housing Authority of the City of National City, a public body, corporate and politic that property in City of National City, San Diego County, State of California, described as: See "Exhibit A" attached hereto and made a part hereof. Date: Orkvbtir 312-Ol b City of Tonal City By. on Morrison, Mayor Approved as to •rm: By: ,ieff14 • Cla Try"Gacitu. Sil ity Attorney Grant Deed MAIL TAX STATEMENTS AS DIRECTED ABOVE Page 1 of 2 RECORDING REQUESTED BY: Old Republic Title Company Escrow No.: 1117014676 APN: 560-391-12 & 559-124-08 When Recorded Mail Document and Tax Statements to: -z City of National City, Office of the City Clerk 1243 National City Blvd. National City, CA 91950 Grant Deed SPACE ABOVE THIS LINE IS FOR RECORDER'S USE The undersigned grantor(s) declare(s): Documentary Transfer Tax is $0.00 R&T 11911 - Deed to governmental agency. This deed is recorded to establish the vacation legal description pursuant to a Resolution Authorizing an Order of Vacation recorded June 17, 2014, document number 2014-250448 (X) computed on full value of property conveyed, or ( ) computed on full value less of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: (X) City of National City FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, City of National City hereby GRANT(S) to Community Development Commission -Housing Authority of the City of National City, a public body, corporate and politic that property in City of National City, San Diego County, State of California, described as: See "Exhibit A" attached hereto and made a part hereof. Date: pc,(-o6-e,r 31 2-o1 City ofDlaional City By on Morrison, Mayor Approved as to By: 1 1. Cla.., Gacitu Grant Deed ity Attorney MAIL TAX STATEMENTS AS DIRECTED ABOVE Page 1 of 2 EXHIBIT A A portion of Hoover Avenue (formerly 2"d Ave) and portion Lots 13 through 21, inclusive, lying within Block 86, according to Map thereof No. 348, filed in the County of San Diego, October 2, 1882, as vacated in the Resolution Authorizing an Order of Vacation recorded June 17, 2014, document no. 2014-250448, described: as follows: Beginning at the centerline intersection of 21" Street and Hoover Avenue; thence south 72° 14' 18" west, 25.21 feet to the true point of beginning; thence south 17° 45' 42" east, 263.41 feet to a concave curve westerly witha radius of 27.00 feet; thence along said curve through a central angle of 90° 02' 26" an aro distance, of 42.43 feet; thence leaving said curve south 72° 16' 45" west, 24.27 feet to a non tangent curve concave westerly with a radius of 20.00 feet; thence along said curve through a central angle pf77° 55' 20" an arc distance of 27.20 feet to a tangent compound curve concave westerly with a radius of 760.00 feet; thence along said curve through a central angle of 12° 04' 44" an arc distance of 160.22 feet; thence leaving said curve north 17° 47' 56" west 598.21 feet along the westerly right of way of Hoover Avenue having a half right of way width of 40.00 feet; thence leaving said right of way north 72° 04' 38" east, 13.71 feet; thence south 17° 48' 25" east, 482.71 feet; thence north 71° 08' 38" east, 1.09 feet to the true point of beginning. Vacation description of Harding: A portion of Harding Avenue (formerly 4th Ave) adjacent to Lots 7 through 10, inclusive, Block 107, according to Map thereof No. 348, filed in the County of San Diego, October 2, 1882, as vacated in the Resolution Authorizing an Order of Vacation recorded June 17, 2014, document no. 2014-250448, and more particularly described as follows: Beginning at the centerline intersection of Harding Avenue and 22"d Street; thence northerly along the centerline of Harding Avenue north 17° 48' 28" west, 40.00 feet to a point in the northerly right of way of 22"d Street; thence easterly along said right of way 1.00 feet to the true point of beginning; thence continuing along said right of way, 39.00 feet to a point of intersection of the easterly right of way of Harding Avenue, having a half right of way width of 40.00 feet and the northerly right of way of 22"d Street, having a half right of way width of 40.00 feet; thence northerly along the easterly right of way of Harding Avenue, north 17° 48' 28" west, 74.46 feet; thence leaving said right of way south 20° 04' 26" west, 63.51 feet; thence south 17° 48' 28" east, 24.27 feet to the true point of beginning. CERTIFICATE OF ACCEPTANCE I certify on behalf of the Community Development Commission -Housing Authority of the City of National City, California pursuant to authority conferred by Resolution 2016-41 adopted on September 20, 2016, that the Community Development Commission -Housing Authority accepts the Grant Deed and consents to the recordation thereof by its authorized officer, for that property in the City of National City, County of San Diego, State of California conveyed by the Grant Deed dated October 3, 2016. Date: October 4, 2016 Leslie Deese , Secretary, Housing Authority 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 California County of San Diego On October .3(. lt, before me, Angelita Marchante, Notary Public, personally appeared ROI frty 1 kri- who proved to me on the basis of satisfactory evidence to be the person() whose name is/ap6 subscribed to the within instrument and acknowledged to me that he/slK/thy executed the same 'n his/hiethVr authorized capacity(ii), and that by his/ht/thCir signature on the instrument the person, or the entity upon behalf of which the persory(t) 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. Signature �.® (�/ i (Seal) ANGELITA M RCHANTE z COMM. # 2946693 c� `�' NOTARY PUBLIC.CALIFORNIA u' My Comm. Exp. October 25, 2017 G ra14- p1-P/\i ��0 " 3 `� I - ! Z 51 S5`i _ f 2� -OS POOR PCOR PCOR POOR BOE-502-A (P1) REV. 12 (05-13) PRELIMINARY CHANGE OF OWNERSHIP REPORT To be completed by the transferee (buyer) prior to a transfer of subject property, in accordance with section 480.3 of the Revenue and Taxation Code. A Preliminary Change of Ownership Report must be filed with each conveyance in the County Recorder's office for the county where the property is located. NAME AND MAILING ADDRESS OF BUYER/TRANSFEREE (Make necessary corrections to the printed name and mailing address) I CDC -Housing Authority of the City of National City 140 E. 12th Street National City, CA 91950 L ASSESSOR'S PARCEL NUMBER 560-391-12 & 559-124-08 SELLER/TRANSFEROR City of National City BUYER'S DAYTIME TELEPHONE NUMBER ( ) BUYER'S EMAIL ADDRESS STREET ADDRESS OR PHYSICAL LOCATION OF REAL PROPERTY 22nd Street and Hoover Avenue, National City, CA MAIL PROPERTY TAX INFORMATION TO (NAME) CDC -Housing Authority of the City of National City CITY National City ADDRESS 140 E. 12th Street This property is intended as my principal residence. If YES, please indicate the date of occupancy ❑ YES 21 NO or intended occupancy. MO STATE CA DAY ZIP CODE 91950 YEAR PART 1. TRANSFER INFORMATION Please complete all statements. This section contains possible exclusions from reassessment for certain types of transfers. YES �NO ❑ u A. ❑ dB. ❑ d *C. ▪ RT. *E. ❑ LJ *F. ❑ 2 G. ❑ "H. ❑ I. ❑ J. ❑ 2' ❑ Et/ ❑d ❑d This transfer is solely between spouses (addition or removal of a spouse, death of a spouse, divorce settlement, etc.). This transfer is solely between domestic partners currently registered with the California Secretary of State (addition or removal of a partner, death of a partner, termination settlement, etc.). This is a transfer: ❑ between parent(s) and child(ren) ❑ from grandparent(s) to grandchild(ren). This transfer is the result of a cotenant's death. Date of death This transaction is to replace a principal residence by a person 55 years of age or older. Within the same county? ❑ YES ❑ NO This transaction is to replace a principal residence by a person who is severely disabled as defined by Revenue and Taxation Code section 69.5. Within the same county? ❑ YES ❑ NO This transaction is only a correction of the name(s) of the person(s) holding title to the property(e.g., a name change upon marriage). If YES, please explain: The recorded document creates, terminates, or reconveys a lender's interest in the property. This transaction is recorded only as a requirement for financing purposes or to create, terminate, or reconvey a security interest (e.g., cosigner). If YES, please explain: The recorded document substitutes a trustee of a trust, mortgage, or other similar document. K. This is a transfer of property: I. to/from a revocable trust that may be revoked by the transferor and is for the benefit of ❑ the transferor, and/or ❑ the transferor's spouse ❑ registered domestic partner. 2. to/from a trust that may be revoked by the creator/grantor/trustor who is also a joint tenant, and which names the other joint tenant(s) as beneficiaries when the creator/grantor/trustor dies. 3. to/from an irrevocable trust for the benefit of the ❑ creator/grantor/trustor and/or ❑ grantor's/trustor's spouse ❑ grantor's/trustor's registered domestic partner. 4. to/from an irrevocable trust from which the property reverts to the creator/grantor/trustor within 12 years. .�❑ L. This property is subject to a lease with a remaining lease term of 35 years or more including written options. ❑ d M. This is a transfer between parties in which proportional interests of the transferor(s) and transferee(s) in each and every parcel being transferred remain exactly the same after the transfer. ❑/� ❑ N. This is a transfer subject to subsidized low-income housing requirements with governmentally imposed restrictions. ❑ 2r*O. This transfer is to the first purchaser of a new building containing an active solar energy system. * Please refer to the instructions for Part 1. Please provide any other information that will help the Assessor understand the nature of the transfer. THIS DOCUMENT IS NOT SUBJECT TO PUBLIC INSPECTION BOE-502-A (P2) REV. 12 (05-13) PART 2. OTHER TRANSFER INFORMATION Check and complete as applicable. A. Date of transfer, if other than recording date: B. Type of transfer: Purchase ❑ Foreclosure ❑ Gift ❑ Trade or exchange ❑ Merger, stock, or partnership acquisition (Form BOE-100-B) ❑ Contract of sale. Date of contract: ❑ Inheritance. Date of death: ❑ Sale/leaseback ❑ Creation of a lease ❑ Assignment of a lease ❑ Termination of a lease. Date lease began: ❑ Other. Please explain: Original term in years (including written options): Remaining term in years (including written options): C.Only a partial interest in the property was transferred. ❑ YES INO If YES, indicate the percentage transferred: PART 3. PURCHASE PRICE AND TERMS OF SALE Check and complete as applicable. A. Total purchase price. B. Cash down payment or value of trade or exchange excluding closing costs C. First deed of trust ® % interest for years. Monthly payment $ ❑ FHA (_Discount Points) ❑ Cal -Vet ❑ VA( Discount Points) ❑ Fixed rate ❑ Variable rate ❑ Bank/Savings & Loan/Credit Union ❑ Loan carried by seller ❑ Balloon payment $ Due date: D. Second deed of trust @ % interest for years. Monthly payment $ ❑ Fixed rate ❑ Variable rate ❑ Bank/Saving & Loan/Credit Union ❑ Loan carried by seller ❑ Balloon payment $ Due date: Amount $ Amount $ Amount $ E. ❑ Was an improvement Bond or other public financing assumed by the buyer? ❑ YES 2/N-O Outstanding balance $ F. Amount, if any, of real estate commission fees paid by the buyer which are not included in the purchase price $ G.The roperty was purchased: ❑ Through real estate broker. Broker name: Phone Number: ( Direct from seller ❑ From a family member -Relationship ❑ Other. Please explain: H. Please explain any special terms, seller concessions, broker/agent fees waived, financing, and any other information (e.g., buyer assumed the existing loan balance) that would assist the Assessor in the valuation of your property. PART 4. PROPERTY INFORMATION A. Type of property transferred ❑ Single-family residence ❑ ultiple-family residence. Number of units: Other. Description: (i.e., timber, mineral, water rights, etc.) Sk-rec4- '/a as h► a- B. ❑ YES Check and complete as applicable. ❑ Co-op/Own-your-own ❑ Condominium ❑ Timeshare ❑ Manufactured home ❑ Unimproved lot ❑ Commercial/Industrial NO Personal/business property, or incentives, provided by seller to buyer are included in the purchase price. Examples of personal property are furniture, farm equipment, machinery, etc. Examples of incentives are club memberships, etc. Attach list if available If YES, enter 0- value of the personal/business property: C. ❑ YES U✓ NO A manufactured home is included in the purchase price. If YES, en�ter th value attributed to the manufactured home: ❑ YES I �I ry D. ❑ YES R' NO $ The manufactured home is subject to local property tax. If NO, enter the decal number: The property produces rental or other income. If YES, the income is from: ❑ Lease/rent ❑ Contract Mineral rights ❑ Other: E. The condition of the property at the time of sale was: Good ❑ Average ❑ Fair ❑ Poor Please describe: Incentives $ CERTIFICATION I certify (or declare) that the foregoing and all information hereon, including any accompanying statements or documents, is true and correct to the best of my knowledge and belief. SIGNATUE3�OF$UYER/TRANSFEREE OR CORPORATE OFFICER DATE TELEPHONE ���' �c 9/20Ma ((/9) 3310 -y391 NA F BUYER/TRANSFEREE/LEGAL REPRESENTATIVE/CORPORATE OFFICER (PLEASE PRINT) TITLE EMAIL ADDRESS A2o,4 f(Jorr,S,sor1 Choi man cajorre-6 nahona/c,4 The Assessor's office may contact you for additional information regarding this transaction.•5 RESOLUTION NO. 2016 — 41 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY ACCEPTING THE TRANSFER BY GRANT DEED OF CERTAIN REAL PROPERTY FROM THE CITY OF NATIONAL CITY NATIONAL CITY CONSISTING OF PORTIONS OF HOOVER AVENUE AND HARDING AVENUE PREVIOUSLY VACATED BY CITY COUNCIL RESOLUTION 2013-83 FOR THE WESTSIDE INFILL TRANSIT ORIENTED DEVELOPMENT WHEREAS , the City of National City ("City") vacated and closed the westerly 14feet (approximately) of the right-of-way of Hoover Avenue between 22nd Street and Paradise Creek, more particularly described in Exhibit "A" -Hoover of City Council Resolution No. 2013-83 adopted by the City Council of the City of National City on June 18, 2013; and WHEREAS, the City also vacated and closed the eastern half of the right-of- way of Harding Avenue between 22nd Street and Paradise Creek, more particularly described in Exhibit "A" -Harding of City Council Resolution No. 2013-83; and WHEREAS, the City was the owner of two legal parcels, Parcel 1 and Parcel 2, ("Housing Parcels") totaling 6.299 acres, generally bounded by 19th Street, Harding Avenue, 22nd Street, and Hoover Avenue; and WHEREAS, the Successor Agency to the Community Development Commission as the National City Redevelopment Agency ("Successor Agency") is subject to the enforceable obligation commonly referred to as the Westside Infill Transit Oriented Development (WI-TOD) Development and Disposition Agreement ("DDA"), entered into June 21, 2011, with Paradise Creek Housing Partners, LP ("Developer"); and WHEREAS , the DDA requires the Housing Parcels to be acquired for and developed into a 201 unit affordable housing project (the "Project") as described in the DDA; and WHEREAS, in accordance with California Health and Safety Code section 34176, the Community Development Commission -Housing Authority of City of National City "CDC -HA" accepted the affordable housing functions of the former redevelopment agency pursuant to CDC -HA Resolution No. 2012-01; and WHEREAS, the City sold the Housing Parcels consisting of 6.299 acres to the CDC -HA as authorized by City Council Resolution 2013-129 to fulfill the development obligations under the DDA; and WHEREAS, the real property vacated by City Resolution 2013-83 ("Vacated Right -of -Way") was not included in the legal description incorporated in the Grant Deed that transferred the Housing Parcels to the CDC -HA in August 2013 for the development of affordable housing; and WHEREAS, the conveyance of the Vacated Right -of -Way would perfect the transfer of title from the City to the CDC -HA as previously intended by City Council Resolution 2013-83; and Resolution 2016 — 41 Page Two WHEREAS, the transfer of real property is not a "Project" under section 15378 of the California Environmental Quality Act ("CEQA") Guidelines because the proposed action consists of administrative activity that will not result in direct or indirect physical changes to the environment, and such, pursuant to section 15061(b)(3) of the CEQA Guidelines is not subject to CEQA. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission -Housing Authority of the City of National City accepts by Grant Deed certain Real Property from the City of National City consisting of portions of Hoover Avenue and Harding Avenue previously vacated by City Council Resolution 2013-83 for the Westside Infill Transit Oriented Development. Said Grant Deed will be publicly recorded with the County of San Diego Office of the Recorder. PASSED and ADOPTED this 20th day of Septe 2016. ATTEST: Leslie Deese, Secretary audia General oun-el Ron Morrison, Chairman Passed and adopted by the Community Development Commission — Housing Authority of the City of National City, California, on September 20, 2016 by the following vote, to - wit: Ayes: Boardmembers Cano, Mendivil, Morrison, Rios. Nays: None. Absent: Boardmember Sotelo-Solis. Abstain: None. AUTHENTICATED BY: RON MORRISON Chairman, Housing Authority Secretary, Housing Authority By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2016-41 of the Community Development Commission — Housing Authority of the City of National City, California, passed and adopted on September 20, 2016. Secretary, Housing Authority By: Deputy CITY OF NATIONAL CITY, CALIFORNIA , o 0 0 - ti - ti COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY COUNCIL AGENDA STATEMENT EETING DATE: September 20, 2016 AGENDA ITEM NO.21 ITEM TITLE: Resolution of the Community Development Commission -Housing Authority of the City of National City accepting the transfer by Grant Deed of certain Real Property from the City of National City consisting of portions of Hoover Avenue and Harding Avenue previously vacated by City Council Resolution 2013-83 for the Westside Infill Transit Oriented Development. PREPARED BY: Carlos Aguirre, Housing & Economic Development Manager PHONE: (619) 336-4391 DEPARTMENT: APPROV, ing & Economic Dev. EXPLANATION: The City of National City ("City") vacated portions of Hoover Avenue and Harding Ave for the development of 201 affordable housing units of the Westside Infill Transit Oriented Development ("Development"). The real property vacated by City Council by Resolution 2013-83 was not included in the legal description that transferred the real property to the Community Development Commission - Housing Authority ("CDC -HA") in August 2013 for the development of affordable housing. The grant deed attached would perfect the transfer of title from the City to the CDC -HA as previously intended by Resolution 2013-83 that was adopted on June 18, 2013 (Attachment No.1). FINANCIAL STATEMENT: ACCOUNT NO. Not applicable. ENVIRONMENTAL REVIEW: Approval of the property transfer is not a "Project" under section 15378 of the California Environmental Quality Act ("CEQA") Guidelines because the proposed action consists of administrative activity that will not result in direct or indirect physical changes to the environment and, as such, pursuant to section 15061(b)(3) of the CEQA Guidelines is not subject to CEQA. ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: Not applicable. ATTACHMENTS: 1. Resolution 2013-83 2. Grant Deed 3. Resolution Attachment No. 1 RESOLUTION NO. 2013 — 83 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY VACATING PORTIONS OF HOOVER AVENUE AND HARDING AVENUE FOR THE WESTSIDE NNFILL TRANSIT ORIENTED DEVELOPMENT, AND AUTHORIZING THE MAYOR TO EXECUTE AN ORDER OF VACATION FOR SAID PORTIONS OF STREETS APPLICANT: PARADISE CREEK HOUSING PARTNERS, LP CASE FILE NO. 2012-04 LS, SC WHEREAS, application was made requesting to vacate and close the westerly 14 feet (approximately) of the right of way of Hoover Avenue between 22nd Street and Paradise Creek, more particularly described in Exhibit "A -Hoover", attached hereto and incorporated herein as though set forth in full; and WHEREAS, application was made requesting to vacate and close the eastern half of the right of way of Harding Avenue between 22nd Street and Paradise Creek, more particularly described in Exhibit "A -Harding", attached hereto and incorporated herein as though set forth in full; and WHEREAS, on May 15, 2012, the City Council conducted a hearing and initiated the said proposed vacations and closures of portions of Hoover Avenue and Harding Avenue; and WHEREAS, the City Engineer has caused notice of said proposed vacations and closures to be posted in the manner specified by law; and WHEREAS, on May 21, 2012, the Planning Commission considered the said proposed vacations and closures, and found and determined that the vacations and closures conform with the City's adopted General Plan; and WHEREAS, on August 21, 2012, the City Council considered the Planning Commission's report and recommendation and the presentation of staff regarding the proposed vacations and closures; and WHEREAS, all things and acts necessary to be done as required by Part 3 of Division 9 of the California Streets and Highways Code in order to abandon said streets have been done and accomplished; and WHEREAS, a public hearing was held on August 21, 2012 in the City Council Chamber, at which time all persons interested in or objecting to the proposed vacations and closures were afforded the opportunity to appear and be heard; and WHEREAS, at said hearing, the City Council found, from all evidence submitted, that said portions of streets proposed to be vacated and closed are unnecessary for present or future public use or for present or future installation of utilities; and WHEREAS, the City Council at said hearing further found that said proposed vacations and closures are in conformity with the adopted General Plan; and Attachment No. 1 Resolution No. 2013 — Page Two NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves said street vacations based on the following findings: 1. That the portions of the public rights -of way proposed to be vacated are unnecessary for present or future public use, since all of the properties abutting the areas proposed to be vacated are owned by the City, which intends to redevelop the subject properties, and access to subject properties will continue to be provided by the adjacent streets. 2. That the proposed vacation of the portion of the right-of-way for Hoover Avenue is consistent with the City's General Plan since the Westside Specific Plan identifies this segment of Hoover Avenue as a local street and as a residential/mixed-use corridor with the goals to buffer pedestrians from vehicles; encourage walking, biking, and transit use; and reduce vehicle speeds through traffic calming measures that include narrowing roadway widths and widening sidewalks. 3. That the proposed vacation of the portion of the right-of-way for Harding Avenue is consistent with the City's General Plan since the Westside Specific Plan includes a buildout circulation network that eliminates the segment of Harding Avenue north of 22nd Street and south of 20th Street to accommodate the proposed park expansion as part of the Westside Infill Transit Oriented Development ("WI-TOD") project. 4. That the proposed vacations would allow for efficient and comprehensive redevelopment of underdeveloped and nonconforming properties. BE IT FURTHER RESOLVED that the street vacations are approved subject to the following conditions: 1. The Certificate of Compliance for Parcel Map Waiver (2012-04 LS, SC) shall be recorded concurrently with the Orders of Vacation. 2. A preliminary title report and a policy of title insurance shall be provided prior to recordation of the Orders to Vacate. 3. The owner and developer shall provide easements for sewer and any other public utilities after vacation. All easements shall remain in place until the utilities have been removed or replaced. 4. The Resolution ordering vacation shall not be recorded until the above conditions have been satisfied. BE IT FURTHER RESOLVED as follows: 1. That the Mayor and City Clerk are respectively authorized and directed to execute and attest Orders of Vacation of the above described portions of public rights -of -way. 2. That the vacation of the above -described portions of public rights -of -way to motorized vehicles is made under the authority of Division 9, Part 3, Chapter 3 of the California Streets and Highways Code. Attachment No. 1 Resolution No. 2013 — Page Three 3. That the rights -of -way to be vacated are not needed for present or future public use and/or for utility service, since the properties abutting the street under consideration will continue to have access to public streets and utilities. 4. That the area to be vacated is not required as a non -motorized transportation facility for pedestrians, bicyclists, or equestrians, and adjacent streets will allow for the same through travel. 5. That the vacation of the proposed segments of rights -of -way is consistent with the City's General Plan since the area will continue to provide access and emergency access to the area. 6. That the City Clerk is hereby authorized and directed to cause certified copies of subject orders to be recorded in the office of the County Recorder of San Diego County, pursuant to Section 8325 of the California Streets and Highways Code. 7. That from and after the date that this Resolution is recorded, the above -described portions of public rights -of -way no longer constitute a street, except as reserved and excepted herein. PASSED and ADOPTED this 18th day of June, 20 ATTEST: aL Mich el R. Dalla, ity Clerk PPROVED AS TO FORM: dia Gacitua Silva y Attorney on Morrison, ayor EXHIBIT A- H a rd i n gchment No. 1 A PORTION OF LOTS 7- 10 OF BLOCK 107 IN NATIONAL CITY, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. ACCORDING TO MAP THEREOF NO. 348, FILED IN THE OFFICE OF THE COUNTY RECORDED OF SAID SAN DIEGO COUNTY, OCTOBER 2, 1882, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTERLINE INTERSECTION OF HARDING AVENUE AND 22ND STREET; THENCE NORTHERLY ALONG THE CENTERLINE OF HARDING AVENUE NORTH 17'48'28" WEST 40.00 FEET TO A POINT IN THE NORTHERLY RIGHT OF WAY OF 22ND STREET; THENCE EASTERLY ALONG SAID RIGHT OF WAY 1.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID RIGHT OF WAY 39.00 FEET TO A POINT OF INTERSECTION OF THE EASTERLY RIGHT OF WAY OF HARDING AVENUE HAVING A HALF RIGHT OF WAY WIDTH OF 40.00 FEET AND THE NORTHERLY RIGHT OF WAY OF 22ND STREET HAVING A HALF RIGHT OF WAY WIDTH OF 40.00'; THENCE NORTHERLY ALONG THE EASTERLY RIGHT OF WAY OF HARDING AVENUE NORTH 1 T48'28" WEST 74.46 FEET; THENCE LEAVING SAID RIGHT OF WAY SOUTH 20'04'26" WEST 63.51 FEET; THENCE SOUTH 17'4B'28" EAST 24.27' TO THE TRUE POINT OF BEGINNING. SEE EXHIBIT "B" SHEET 2 FOR A SKETCH DEPICTING DESCRIBED PROPERTY. CONTAINS 1,925 SQ. FT. OR 0.04 ACRES, MORE OR LESS. BASIS OF BEARINGS: THE BASIS OF BEARINGS FOR THIS PLAT IS THE CENTERLINE OF 22ND ST PER EJ CHRISTMAN BUSINESS AND INDUSTRIAL PARK I MAP NO 8038 AS SHOWN AS NORTH 72'16'45" EASE. EXH. B SHEET 1 OF 2 BY: QSK DATE: 5-31-12 SCALE AS SHOWN ENGINEER/SURVEYOR PREPARED UNDER THE SUPERVISION OF: VINCENT W. SCARPATI R.C.E.33520 DATE UCENSE EXP. 06/30/2014 CONSULTING, INC. CIVIL ENGINEERING LAND PLANNING i $NRVEYING 27156 BURBANK FOOTHLL RANal, CALIFORNIA 92610 T. 949.916.3800 F. 949.916.3805 WWW.CVC-INC.NET STREET VACATION PORTION OF HARDING AVENUE SHEET 1 OF 2 EXH I B I T A -Hardin hment No. 1 40' 40.00' s17 45125 SCALE: 1" = 50' EXH. B SHEET 2 OF 2 BY: DSK DATE: 5-31-12 SCALE AS SHOWN 1,08 ENGINEER/SURVEYOR PREPARED UNDER THE SUPERVISION OF: VINCENT W. SCARPATI R.C.E.33520 UCENSE EXP. 06/30/2014 c.v 717 CONSULTING, INC. CIVIL ENGINEERING LAND PLANNING & SURVEYING 27156 B IRBANK FOOTHLL RANCH, CAL FORNIA 92E10 T, 949.916.380D F. R49.916,38D5 WWW.CVC-INC.NET DATE STREET VACATION PORTION OF HARDING AVENUE SHEET 2 OF 2 EXHIBIT A- H o ove rAttachment No. 1 A PORTION OF LOTS 13-2 OF BLOCK 86 AND LOTS 13-20 OF LOCK 85 AND LOTS 13-17 OF BLOCK 84 IN NATIONAL CITY, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO. STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 348, FILED IN THE OFFICE OF THE COUNTY RECORDED OF SAID SAN DIEGO COUNTY, OCTOBER 2, 1882, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTERLINE INTERSECTION OF 21ST STREET AND HOOVER AVENUE; THENCE SOUTH 72' 14' 18" WEST 25.21 TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 1745'42" EAST 263.41 FEET TO A CONCAVE CURVE WESTERLY WITH A RADIUS OF 27.00 Htti; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90'02'26" AN ARC DISTANCE OF 42.43 FEET; THENCE LEAVING SAID CURVE SOUTH 72'16'45" WEST 24.27 FEET TO A NON TANGENT CURVE CONCAVE WESTERLY WITH A RADIUS OF 20.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 77'55'2O" AN ARC DISTANCE OF 27.20 FEET TO A TANGENT COMPOUND CURVE CONCAVE WESTERLY WITH A RADIUS OF 760.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL. ANGLE OF 12'04'44" AN ARC DISTANCE OF 80.41 FEET; THENCE LEAVING SAID CURVE NORTH 17'47'56" WEST 598.21 H ±i ALONG THE WESTERLY RIGHT OF WAY OF HOOVER AVENUE HAVING A HALF RIGHT OF WAY WIDTH OF 40.00 Fttl; THENCE LEAVING SAID RIGHT OF WAY NORTH 72'04'38" EAST 13.71 FEET; THENCE SOUTH 1 T48'25" EAST 482.71 FEET'; THENCE NORTH 71'08'38" EAST 1.09 FEET TO THE TRUE POINT OF BEGINNING. SEE EXHIBIT "B" SHEET 2 FOR A SKETCH DEPICTING DESCRIBED PROPERTY. CONTAINS 12,013 SO. FT. OR 0.28 ACRES, MORE OR LESS. BASIS OF BEARINGS: THE BASIS OF BEARINGS FOR THIS PLAT IS THE CENTERLINE OF 22ND ST PER Ed CHRISTMAN BUSINESS AND INDUSTRIAL PARK I MAP NO 8038 AS SHOWN AS NORTH 72' 16'45" EASE. =XH. B SHEET 1 OF 2 BY: DSK DATE: 5-31-12 SCALE AS SHOWN ENGINEER/SURVEYOR PREPARED UNDER THE SUPERVISION OF: VINCENT W. SCARPAT1 R.C.E.33520 LICENSE EXP. 06/30/2014 c • CONSULTING. INC. CIVIL ENGINEERING LAND PLANNING Si SURVEYING 27156 BURBANK FOOTHLL RANCH, CALIFORNIA 92810 T. 949.916.3800 F. 949.918.3805 W W W.CVC-INC.NET DATE STREET VACATION PORTION OF HOOVER AVENUE SHEET 1 OF 2 EXHIBIT A- H o o t' ,e rachment No. CURVE TABLE _ CURVE LENGTH - RADIUS DELTA TAN . C1 42.43 27.00 90'02'28" 27.02 C2 27.20 20.00 77'55'20' 16.17 C3 160.22 760.00 1704'44" 80.41 SCALE: 1" = 50' EXH. B SHEET 2 OF 2 BY: 0SK DATE: 5-31-12 SCALE AS SHOWN ‘50 ./' 421* zzDIP ENGINEER/SURVEYOR PREPARED UNDER THE SUPERVISION OF; VINCENT W. SCARPATI R.C.E.33520 UCENSE EXP. 06/30/2014 CW CONSULTING, INC. CIVIL ENGINEERING LAND PLANNING i $URVEriiG 27156 BURBANK FOOTHLL RANCH, CALIFORNIA 92810 T. 949.916.3600 F. 949.916,3805 WWW.CVC-INC.NET DATE STREET VACATION PORTION OF HOOVER AVENUE SHEET 2 OF 2 Attachment No. 1 Passed and adopted by the Council of the City of National City, California, on June 18, 2013 by the following vote, to -wit: Ayes: Councilmembers Cano, Morrison, Natividad, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California Ai City erk of the ity of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2013-83 of the City of National City, California, passed and adopted by the Council of said City on June 18, 2013. City Clerk of the City of National City, California By: Deputy Attachment No. 2 RECORDING REQUESTED BY: Old Republic Title Company Escrow No.: 1117014676 APN: 560-391-12 & 559-124-08 When Recorded Mail Document and Tax Statements to: CDC -Housing Authority of the City of National City 140 E 12th Street National City, CA 91950 SPACE ABOVE THIS LINE IS FOR RECORDER'S USE Grant Deed The undersigned grantor(s) declare(s): Documentary Transfer Tax is $0.00 R&T 11911 - Deed to governmental agency. This deed is recorded to establish the vacation legal description pursuant to a Resolution Authorizing an Order of Vacation recorded June 17, 2014, document number 2014-250448 (X) computed on full value of property conveyed, or ( ) computed on full value less of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: (X) City of National City FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, City of National City hereby GRANT(S) to Community Development Commission -Housing Authority of the City of National City, a public body, corporate and politic that property in City of National City, San Diego County, State of California, described as: See "Exhibit A" attached hereto and made a part hereof. Date: City of National City By: Ron Morrison, Mayor Approved as to form: By: Claudia Gacitua Silva, City Attorney Grant Deed MAIL TAX STATEMENTS AS DIRECTED ABOVE Page 1 of 2 Attachment No. 2 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 On appeared before me, a Notary Public, personally , who proved to me on the basis of satisfactory evidence to instrument and acknowledged to me that he/she/they that by his/her/their signature(s) on the instrument the executed the instrument. be the person(s) whose name(s) is/are subscribed to the within executed the same in his/her/their authorized capacity(ies), and person(s), or the entity upon behalf of which the person(s) acted, 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. Signature: Name: (Typed or Printed) (Seal) Grant Deed Order No. 1117014676 Page 2 of 2 RESOLUTION NO. 2016 — 41 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY ACCEPTING THE TRANSFER BY GRANT DEED OF CERTAIN REAL PROPERTY FROM THE CITY OF NATIONAL CITY NATIONAL CITY CONSISTING OF PORTIONS OF HOOVER AVENUE AND HARDING AVENUE PREVIOUSLY VACATED BY CITY COUNCIL RESOLUTION 2013-83 FOR THE WESTSIDE INFILL TRANSIT ORIENTED DEVELOPMENT WHEREAS , the City of National City ("City") vacated and closed the westerly 14feet (approximately) of the right-of-way of Hoover Avenue between 22nd Street and Paradise Creek, more particularly described in Exhibit "A" -Hoover of City Council Resolution No. 2013-83 adopted by the City Council of the City of National City on June 18, 2013; and WHEREAS, the City also vacated and closed the eastern half of the right-of- way of Harding Avenue between 22nd Street and Paradise Creek, more particularly described in Exhibit "A" -Harding of City Council Resolution No. 2013-83; and WHEREAS, the City was the owner of two legal parcels, Parcel 1 and Parcel 2, ("Housing Parcels") totaling 6.299 acres, generally bounded by 19th Street, Harding Avenue, 22nd Street, and Hoover Avenue; and WHEREAS, the Successor Agency to the Community Development Commission as the National City Redevelopment Agency ("Successor Agency") is subject to the enforceable obligation commonly referred to as the Westside Infill Transit Oriented Development (WI-TOD) Development and Disposition Agreement ("DDA"), entered into June 21, 2011, with Paradise Creek Housing Partners, LP ("Developer"); and WHEREAS , the DDA requires the Housing Parcels to be acquired for and developed into a 201 unit affordable housing project (the "Project") as described in the DDA; and WHEREAS, in accordance with California Health and Safety Code section 34176, the Community Development Commission -Housing Authority of City of National City "CDC -HA" accepted the affordable housing functions of the former redevelopment agency pursuant to CDC -HA Resolution No. 2012-01; and WHEREAS, the City sold the Housing Parcels consisting of 6.299 acres to the CDC -HA as authorized by City Council Resolution 2013-129 to fulfill the development obligations under the DDA; and WHEREAS, the real property vacated by City Resolution 2013-83 ("Vacated Right -of -Way") was not included in the legal description incorporated in the Grant Deed that transferred the Housing Parcels to the CDC -HA in August 2013 for the development of affordable housing; and WHEREAS, the conveyance of the Vacated Right -of -Way would perfect the transfer of title from the City to the CDC -HA as previously intended by City Council Resolution 2013-83; and Resolution 2016 — 41 Page Two WHEREAS, the transfer of real property is not a "Project" under section 15378 of the California Environmental Quality Act ("CEQA") Guidelines because the proposed action consists of administrative activity that will not result in direct or indirect physical changes to the environment, and such, pursuant to section 15061(b)(3) of the CEQA Guidelines is not subject to CEQA. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission -Housing Authority of the City of National City accepts by Grant Deed certain Real Property from the City of National City consisting of portions of Hoover Avenue and Harding Avenue previously vacated by City Council Resolution 2013-83 for the Westside Infill Transit Oriented Development. Said Grant Deed will be publicly recorded with the County of San Diego Office of the Recorder. PASSED and ADOPTED this 20th day of September, 2016. Ron Morrison, Chairman ATTEST: Leslie Deese, Secretary APPROVED AS TO FORM: Claudia Gacitua Silva General Counsel