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HomeMy WebLinkAbout2019 CON HA Kimball Senior Center - Notice of Termination of CovenantRECORDING REQUESTED BY: Stewart Title Guaranty Co. #18000480842A AND WHEN RECORDED MAIL TO: Community Development Commission of the City of National City Records Management Dept 1243 National City Blvd National City, CA 91950 DOC# 2019-0114526 111111111111111111111111111111111111111111111111111111111111 Apr 02, 2019 08:00 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $23.00 (SB2 Atkins: $0.00) PAGES: 4 Notice of Termination of Covenant and Agreement to Hold Property as One Parcel (Please fill in documenttitle(s) on this line) 1 ❑ Exempt from fee per GC27388.1 due to being recorded in connection with concurrent transfer that is subject.to the imposition of documentary transfer tax, or, 2 ❑ Exempt from fee per GC27388.1 due to being recorded in connection with a transfer that was subject to documentary transfer tax which was paid on document recorded previously on (date*) as document number of Official Records, or, 3 ❑ Exempt from fee per GC27388.1 due to the maximum fees being paid on documents in this transaction, or, 4 ❑ Exempt from fee per GC27388.1 due to the maximum fees having been paid on documents in the transaction(s) recorded previously on (date*) as document number(s) of Official Records, or, 5 ❑ 6 ❑ Exempt from fee per GC27388.1, document transfers real property that is a residential dwelling to an owner -occupier, or, document is recorded in connection with concurrent transfer that is a residential dwelling to an owner -occupier, or, Exempt from fee per GC27388.1 due to it being recorded in connection with a transfer of real property that is a residential dwelling to an owner -occupier. The recorded document transferring the dwelling to the owner -occupier was recorded on (date*) as document number(s) 7 Exempt from fee per GC27388.1 due to being executed or recorded by the federal government in accordance with the Uniform Federal Lien Registration Act, by the state, or any county, municipality or other political subdivision of the state, or, 8 ❑ Exempt from the fee per GC 27388.1 (a) (1); Not related to real property, or, 9 ❑ Exempt from fee under GC27388.1 for the following reasons: THIS PAGE ADDED TO PROVIDE SENATE BILL2 DETVIPTION INFORMATION (Additional recordingfee applies) Rev 5/18 *The Prior Recording Reference must have been recorded within the last 60 days and is subject to review RECORDING REQUESTED BY: Stewart Title Guaranty Co. #18000480842A AND WHEN RECORDED MAIL TO: Community Development Commission of the City of National City Records Management Dept 1243 National City Blvd National City, CA 91950 Notice of Termination of Covenant and Agreement to Hold Property as One Parcel (Please fill in documenttitle(s) on this line) 1 ❑ Exempt from fee per GC27388.1 due to being recorded in connection with concurrent transfer that is subject to the imposition of documentary transfer tax, or, 2 ❑ Exempt from fee per GC27388.1 due to being recorded in connection with a transfer that was subject to documentary transfer tax which was paid on document recorded previously on (date*) as document number of Official Records, or, 3 ❑ Exempt from fee per GC27388.1 due to the maximum fees being paid on documents in this transaction, or, 4 ❑ Exempt from fee per GC27388.1 due to the maximum fees having been paid on documents in the transaction(s) recorded previously on (date*) as document number(s) of Official Records, or, 5 ❑ Exempt from fee per GC27388.1, document transfers real property that is a residential dwelling to an owner -occupier, or, document is recorded in connection with concurrent transfer that is a residential dwelling to an owner -occupier, or, 6 ❑ Exempt from fee per GC27388.1 due to it being recorded in connection with a transfer of real property that is a residential dwelling to an owner -occupier. The recorded document transferring the dwelling to the owner -occupier was recorded on (date*) as document number(s) 7 ❑ Exempt from fee per GC27388.1 due to being executed or recorded by the federal government in accordance with the Uniform Federal Lien Registration Act, by the state, or any county, municipality or other political subdivision of the state, or, 8 ❑ Exempt from the fee per GC 27388.1 (a) (1); Not related to real property, or, 9 ❑ Exempt from fee under GC27388.1 for the following reasons: TH IS PAGE ADDED TO PROVIDE SENATE BIL12 EXEMPTION INFORMATION (Additional recordingfeeapplies) Rev 5/18 *The Prior Recording Reference must have been recorded within the last 60 days and is subject to review RECORDING REQUESTED BY: COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND WHEN RECORDED RETURN TO: COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY Records Management Department 1243 National City Blvd. National City, California 91950 This document is exempt from payment of a recording fee pursuant to Government Code Section 6103. NOTICE OF TERMINATION OF COVENANT AND AGREEMENT TO HOLD PROPERTY AS ONE PARCEL (Kimball Tower -Kimball Senior Center) WHEREAS, the Community Development Commission -Housing Authority of the City of National City ("CDC -HA") executed in favor of the City of National City ("City") that certain Covenant and Agreement to Hold Property as One Parcel dated as of May 28, 1985, which was recorded in the Office of the Recorder of the County of San Diego on June 6, 1985, as Document No. 85-200844 ("Covenant"). NOW THEREFORE, the CDC -HA and the City hereby acknowledge and agree that: (i) the Covenant is hereby terminated; and (ii) the Covenant no longer constitutes a burden, lien or encumbrance against the real property described in the Covenant. CDC -HA: CITY: Community Development Commission- City of National City Housing Authority of the City of National City Leslie Deese, Executive Director APPROVED AS TO FORM: PROVED AS TO FOR Christensen & Spath LLP City and CDC -HA Special Counsel B By: Leslie Deese, City Manager ACKNOWLEDGMENT 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 , 2019, before me, D. `1' C.V't`t ( , notary �S11-e DLL S`-e 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-flier/their authorized capacity(ies), and that by fits/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. public, personally appeared 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 (Seal) D. PITCHER Commission # 2146777 ^ 0�r� Notary Public - California D Z I San Diego County Comm. Ex ires Apr 15, 2.04. ACKNOWLEDGMENT 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 la0 OnlJ VC ` F 1 before me, D. Pitcher, Notary Public (insert name and title of the officer) �J personally appeared �`'1 1-e DttS`e- who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) �� •<, D. PITCHER 4Commission # 2146777 `_ Notary Public - California � >+�! San Diego County My Comm. ExVres Apr 15, 2024 • RESOLUTION NO. 2019 — 70 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE A "NOTICE OF TERMINATION OF COVENANT AND AGREEMENT TO HOLD PROPERTY AS ONE PARCEL" THEREBY SEPARATING THE KIMBALL SENIOR CENTER PARCEL LOCATED AT 1221 "D" AVENUE FROM THE KIMBALL TOWER PARCEL LOCATED AT 1317 "D" AVENUE WHEREAS, the Community Development Commission -Housing Authority of the City of National City ("CDC -HA") executed in favor of the City of National City ("City") a Covenant and Agreement to Hold Property as One Parcel dated as of May 28, 1985, which was recorded in the Office of the Recorder of the County of San Diego on June 6, 1985, as Document No. 85- 200844 ("Covenant"); and WHEREAS, the Covenant constitutes a burden on the title of each parcel and its termination would clear title for the purpose of securing financing for Kimball Tower renovations under a 99-year ground lease pursuant to a Development and Disposition Agreement which the CDC -HA entered into on June 19, 2018. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission -Housing Authority of the City of National City authorizes the Executive Director to execute a "Notice of Termination of Covenant and Agreement to Hold Property as One Parcel" thereby separating the Kimball Senior Center parcel located at 1221 "D" Avenue from the Kimball Tower parcel located at 1317 "D" Avenue. Said Notice of Termination will be recorded at the San Diego County Recorder's Office and filed thereafter with the City Clerk of the City of National City. PASSED and ADOPTED this 5th day of March, 20 viitAlAv Aleja fra . - • • • Chairwoman ATTEST: Leslie Deese, Secretary APPROVED AS TO FORM: ral Counsel Passed and adopted by the Community Development Commission -Housing Authority of the City of National City, California, on March 5, 2019 by the following vote, to -wit: Ayes: Commissioners Cano, Morrison, Quintero, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: ALEJANDRA SOTELO-SOLIS Chairman, Housing Authority LESLIE DEESE Secretary, Housing Authority By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2019-70 of the Community Development Commission -Housing Authority of the City of National City, California, passed and adopted on March 5, 2019. A.`_ Secretary, Housing Authority By: Deputy CITY OF NATIONAL CITY, CALIFORNIA yU/ COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY COUNCIL AGENDA STATEMENT FETING DATE: March 5, 2019 AGENDA ITEM NO. 19 ITEM TITLE: Resolution of the Community Development Commission -Housing Authority of the City of National City authorizing the Executive Director to execute a "Notice of Termination of Covenant and Agreement to Hold Property as One Parcel" separating the Kimball Senior Center parcel located at 1221 "D" Avenue from the Kimball Tower parcel located at 1317 "D" Avenue. PREPARED BY: Carlos Aguirre, Housing and Economic Dev. Mgr. PHONE: 619-336-4391 APPROVED B EXPLANATION: The Community Development Commission -Housing Authority of the City of National City ("CDC -HA") executed in favor of the City of National City ("City") a Covenant and Agreement to Hold Property as One Parcel dated as of May 28, 1985, which was recorded in the Office of the Recorder of the County of San Diego on June 6, 1985, as Document No. 85-200844 ("Covenant"). The Covenant constitutes a burden on the title of each parcel and its termination would clear title for the purpose of securing financing for Kimball Tower renovations under a 99-year ground lease pursuant to a Development and Disposition Agreement which the CDC -HA entered into on June 19, 2018. DEPARTMENT: Ho ng & Economic iti pme ilk__./... De t INANCIAL STATEMENT: ACCOUNT NO. There is no fiscal impact. ENVIRONMENTAL REVIEW: APPROVED: APPROVED: Finance MIS The Notice of Termination is not considered a project as defined by the California Environmental Quality Act (CEQA), and is therefore not subject to CEQA. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: ,N/Py ,TTACHMENTS: 1. Recorded Covenant 2. Termination of Covenant 3. Resolution //A 16.s &' /Ua . c7v/ 9- Documents provided by DataTree LLC via R's propretary imaging a,v um',fury ,I3M111 upyiyn, 2ug.s A.I light; reserved. Attachment N 392 85T-200844 Recording requested by: Raturn toi COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVD. NATIONAL CITY, CALIF. 92050 1385 JUN —6 AN 9: 19 `rEP; C0UN1'1 NO FEE RECORDER: Please make no charge for recording the attached instrument. It is being recorded in connection with a Government Agency transaction. COVENANT AND AGREEMENT TO HOLD PROPERTY AS ONE PARCEL The undersigned hereby certify that we are the owners of the hereinafter described real properties located in the City of National City, County of San Diego, State of California: Lots 2 and 6 of Center City Project, in the City of National City, County of San Diego, State of California, according to Map thereof No. 8807 filed in thr! Office of the County Recorder of San Diego County February 24, 1978. And we do hereby covenant and agree with said City that atcthe aboverdedscribedpproperties shall be held as one parcel and that no portion shall be sold separately, This heirs, ovsuecanetseaemsesnigtl ainneffectlunte ilisuchgtimenthatsae1parcelumapeorr wsubdivision r map, as they are defined and regulated by all applicable laws, including but not limited to, the National City Municipal Code, has been filed with and approved by the City. COMMUNITY DEVELOPMENT COMMISSION OF THE CITY NA AL CITY, CALIFORNIA Dated: May 28 , 19 85 (Individual) STATE OF CALIFORNIA SS. COUNTY OF By Kile Morgan, C••irman (Sign) By /11C� 'Sign) rnold A. Peterson, Secretary (Corporation) Die, c SS. g i before me, the undersigned, On , before me, the under- an at Pu�lic� in and for said Ccunty and State, a Matey signed, aa Notary Puolic in and for said County personally appeared zee'," 4 ? • and State, personally appeared known to me to be the rman °"d A - Pe -!e / x n o known to me to be , known to me to Secretary of the corporation that be the person whose name subscribed to the theexecuted persons whotexecutedhin rumethent,knoyn instrument nt to me to bon e within instrument and acknoTdged that behalf of the corporation therein named, and ac- executed the same. knowledged to me Chat such c• the within instrument pursua t•�.•.� by- aw FJCIAL SEAL a resolution of its board o ai{ cal OIIIVID L. SHELD�N il�•''t-ii NOTARY POBtIC CAI�c�RN!n: s ' PRHICIPAI OrFICE I SAN 01E60 COUNTv My Commission Ex *.e August 22. (Seal)�wu�-.•c�d tor, la �"� Notary public to and tor sale cunty and Statex WITNESS my hand and official seal. (Seal) Notary Puolic in and for said Ccunty and State Approved for Recording: By STATE OF CALIFORNIA COUNTY OF ,jA n WITNESS my hand and officia Attachment No. 2 RECORDING REQUESTED BY: COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND WHEN RECORDED RETURN TO: COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY Records Management Department 1243 National City Blvd. National City, California 91950 This document is exempt from payment of a recording fee pursuant to Government Code Section 6103. NOTICE OF TERMINATION OF COVENANT AND AGREEMENT TO HOLD PROPERTY AS ONE PARCEL (Kimball Tower -Kimball Senior Center) WHEREAS, the Community Development Commission -Housing Authority of the City of National City ("CDC -HA") executed in favor of the City of National City ("City") that certain Covenant and Agreement to Hold Property as One Parcel dated as of May 28, 1985, which was recorded in the Office of the Recorder of the County of San Diego on June 6, 1985, as Document No. 85-200844 ("Covenant"). NOW THEREFORE, the CDC -HA and the City hereby acknowledge and agree that: (i) the Covenant is hereby terminated; and (ii) the Covenant no longer constitutes a burden, lien or encumbrance against the real property described in the Covenant. CDC -HA: CITY: Community Development Commission- City of National City Housing Authority of the City of National City By: By: Leslie Deese, Executive Director Leslie Deese, City Manager APPROVED AS TO FORM: By: Angil P Morris -Jones, City Attorney APPROVED AS TO FORM: Christensen & Spath LLP City and CDC -HA Special Counsel By: Walter F. Spath III Attachment No. 2 ACKNOWLEDGMENT 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 , 2019, before me, , notary public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. • Signature (Seal) RESOLUTION NO. 2019 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE A "NOTICE OF TERMINATION OF COVENANT AND AGREEMENT TO HOLD PROPERTY AS ONE PARCEL" THEREBY SEPARATING THE KIMBALL SENIOR CENTER PARCEL LOCATED AT 1221 "D" AVENUE FROM THE KIMBALL TOWER PARCEL LOCATED AT 1317 "D" AVENUE WHEREAS, the Community Development Commission -Housing Authority of the City of National City ("CDC -HA") executed in favor of the City of National City ("City") a Covenant and Agreement to Hold Property as One Parcel dated as of May 28, 1985, which was recorded in the Office of the Recorder of the County of San Diego on June 6, 1985, as Document No. 85- 200844 ("Covenant"); and WHEREAS, the Covenant constitutes a burden on the title of each parcel and its termination would clear title for the purpose of securing financing for Kimball Tower renovations under a 99-year ground lease pursuant to a Development and Disposition Agreement which the CDC -HA entered into on June 19, 2018. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission -Housing Authority of the City of National City authorizes the Executive Director to execute a "Notice of Termination of Covenant and Agreement to Hold Property as One Parcel" thereby separating the Kimball Senior Center parcel located at 1221 "D" Avenue from the Kimball Tower parcel located at 1317 "D" Avenue. Said Notice of Termination will be recorded at the San Diego County Recorder's Office and filed thereafter with the City Clerk of the City of National City. PASSED and ADOPTED this 5th day of March, 2019. Alejandra Sotelo-Solis, Chairwoman ATTEST: Leslie Deese, Secretary APPROVED AS TO FORM: Angil P. Morris -Jones General Counsel CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950-4397 619-336-4228 Michael R. Dalla, CMC - City Clerk CDC -HA Kimball Tower -Kimball Senior Center Notice of Termination of Covenant and Agreement to Hold Property as One Parcel 1221 D Avenue CDC -HA (Housing Authority) has copy of recorded document on file.