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HomeMy WebLinkAbout2019 CON 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 1111 1111111I1I II 111111I 11 II 111I 1 II II II 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 document title(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, S ❑ 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 m 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 0 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 SENATEBILL2EXEMPTION INFORMATION (Additional recording fee applies) Rev 5/18 *The Prior Recording Reference must have been recorded within the last 60 days and is subject to review T RECORDING, REQUESTED 13Y: 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 document title(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 0 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 El 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: THIS PAGE ADDED TO PROVIDE SENATE BILL 2 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: By: s, PROVED AS TO FO Christensen & Spath LLP City and CDC -HA Special Counsel B By: i 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 YY���� `?-6 , 2019, before me, . , notary public, personally appeared �s� I `� `-� 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 h.iWher/their authorized capacity(ies), and that by his/her/th01r 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 Commission # 2146777 Notary Public - California San Diego County M Comm. Expires A r 15. 2020 y► 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 Califogi� County off QV On yYOJ'l )1' I before me, D. Pitcher, Notary Public (insert name and title of the officer) personally appeared lietC 1 I,-Q Dtes-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. 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 # 2145777 Notary Public - California z San Diego County At Comm. Ex Ires A r 15, 2020 RESOLUTION NO. 2019 — 27 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY MANAGER 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 City Council of the City of National City authorizes the City Manager 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 / 2ii Aar • leja /ra� gr. ATTES �7 Michael R. Daftla, City Clerk APPROVED AS Ti FORM: gil 'o ris-Jon-s City yl torney Solis Mayor Passed and adopted by the Council of the City of National City, California, on March 5, 2019 by the following vote, to -wit: Ayes: Councilmembers Cano, Morrison, Quintero, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: ALEJANDRA SOTELO-SOLIS Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2019-27 of the City of National City, California, passed and adopted by the Council of said City on March 5, 2019. By: City Clerk of the City of National City, California Deputy C;-o/1-i/ CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 5, 2019 AGENDA ITEM NO. 15 i rEM TITLE: Resolution of the City Council of the City of National City authorizing the City Manager 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 DEPARTMENT: Housing & Economic De pment 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. FINANCIAL 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/A ATTACHMENTS: 1. Recorded Covenant 2. Termination of Covenant 3. Resolution 4Lo/a ri 710 ?o -a- 2 Documents provided by DataTree LLC via irs proprietary imaging arm amrveiy.syy,eni. 6uppyh• Z,Ao, An rimy reserved. - 392 85-200844 11. Attachment No. 1 Recording requested by: Return tot COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY NO FEE 1243 NATIONAL CITY BLVD. NATIONAL CITY, CALIF. 92050 COVENANT AND AGREEMENT TO HOLD PROPERTY AS ONE PARCEL The undersigned hereby certify that wefare renthe heeow,,owners rsaof ththe Chereinafter described real properties located in the City of National City, County Lots 2 and 6 of Center City Project, in the City of National City, County of San Diego, State of California, according to 14ap thereof No. 8807 filed in th' Office of the County Recorder of San Diego County February 24, 1978. RECORDER: Please make no charge for recording the attached instrument. It is being recorded in connection with a Government Agency transaction. I i385 JUN —6 AR. 9: 1 9 LCOtN11 iiLI And we do hereby covenant and agree with said City that the above described properties shall be held as one parcel and that no portion shall be sold separately, except as hereinafter provided. This e heirs, ovsuecaentseemesnigtl ainneffectluntilisuch9timenthatsae1parcelumapeorr 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 COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NAT AL CITY, CALIFORNIA Dated: May 28 , 19 85 (Individual) STATE OF CALIFORNIA SS. COUNTY OF before me, the under- On lA y 3 / psi' i before me, the undersigned, On ub rc in and for said County a Notary Punic in and for said County inJdiit te, signed, aa Notary personally appeared i j and State, personally appeared known to me to be the rman a'hddre./'/ 21 f n known to me to be nown to me to Secretary oT the corporation that be the person whose name subscribed to the executed xecutepersons wwithininstruhent,tknownntorme to be eeto be within instrument and acknoMidged that thbehalf of the corporation therein named, and ac- executed the same. ',lam_knowledged to me that such c• by aws the within instrument pu rsua NOTARY PUBLIC',lam_ SEAL a resolution of its board o di{ �• ,� DAVIO L. SHELD 5 .N!1T PRINCIPAL OFFICE 1 SAN DIEGO COUNTY My CommIuNn E..pka August 22. eat )�i�^'y in ' ..•.,�,,,_ Notary Public in andd tor sal cunty and Statx By By Kile Morgan, C airman (Sign) 4114ASign) rnold A. Peterson, Secretary WITNESS my hand and official seal. (Seal) Notary Puo is In and tor said cunty and Late Approved for Recording: By (Corporation) STATE OF CALIFORNIA • SS. COUNTY OF Sa n i�/ e f o WITNESS my hand and officia 40. 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 CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY MANAGER 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 City Council of the City of National City authorizes the City Manager 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, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney op\a��unm�_.Illul/NN `1 kATTU P. ������1/l/llllxxilxl1111.1•\1\/�'��'•�� 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.