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Home My WebLink AboutReso 1982-10929 RESOLUTION NO. 10929 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING TRANSFER OF PUBLIC HOUSING SITE TO COUNTY HOUSING AUTHORITY The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, the City on August 19, 1981 purchased a 2.03 acre parcel at Melrose Avenue and Otay Valley Road as a site for low rent public housing, and WHEREAS, it was intended that the property be conveyed to the County Housing Authority for public housing development when that agency received the necessary HUD clearances, and WHEREAS, said clearances have been received and an appropriate Real Property Contract prepared for said transfer. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the transfer of the public housing site at Melrose Avenue and Otay Valley Road to the County Housing Authority. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that that certain Real Property Contract, attached hereto as Exhibi t "A" and incorporated herein by reference as if set forth in full, be, and the same is hereby approved and the Mayor is authorized to execute the same on behalf of the City of Chula Vista. Presented by Approved as to form by /w~ George D. Lindberg, City Attorney ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 6th day of July 19 82 ,by the following vote, to-wit: AYES: Councilmen Moore, McCandl ;-55;, Cox, Malcolm NAYES: Councilmen None ABSTAIN: CoLrlcilmen None ABSENT: Councilmen <::cott STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) s s. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 10929 , and that the same has not been amended or repealed. DATED ( seal) City Clerk CC-660 REAL PROPERTY CONTRACT San Diego, California Project Title Chula Vista Low Income Housing-Melrose July 6 GRANTOR(S) 19 82 Work Order No.: TE 2296 Parcel No. 82-0067A THE CITY OF CHULA VISTA, a municipal corporation Federal No. N/A A GRANT DEED in the form attached hereto as Exhibit A and made a part hereof, has been executed and delivered to Douglas A. Rolan, Real Property Agent of the County of San Diego, for acceptance by the Board of Commissioners of the Housing Authority of the County of San Diego, hereinafter called Housing Authority. The Grantor- is the City of Chula Vista, a municipal corporation, hereinafter called City. In consideration of which, and other considerations hereinafter set forth, it is mutually agreed as follows: 1. The performance of this Agreement constitutes the entire consideration for said document and shall relieve the Housing Authority of all further obligation or claims on this account. 2. The Housing Authority shall: -$ ~ A. Pay to the order of the City the sum of $567,102.60 for ~e property and interest conveyed by the above document(s) Within five (5) working days after title to said property vests in the County free and clear of all liens, encumbrances, assessments, easements and leases (recorded and/or unrecorded), and taxes, except: (1) Exceptions No.2, 3, 4, 5, 6 (subject to Real Property Contract Clause 4(A) contained herein), 7, and 8, as set forth in Title Report No. 845496-9, dated January 21, 1982, issued by First American Title Insurance Company. B. Pay all escrow and recording fees incurred in this transaction, and, if title insurance is desired by the County, the premium charged therefor. C. Have the authority to deduct and pay from the amount shown in Clause 2A above, any amount necessary to satisfy: - 1 - ~-/tlf~1 '1.,/" ,..-.. / I l' .. , .;. ( ,?V (1) Any delinquent taxes due in any fiscal year except the fiscal year in which this escrow closes, together with penalties and interest thereon and/or delinquent or non- delinquent assessments or bonds except those which title is being taken subject to in accordance with the terms of this contract. (2) Taxes for the fiscal year in which this escrow closes which shall be cleared and paid in the manner required by Section 4986 of the Revenue and Taxation Code, if unpaid at the close of escrow. 3. City warrants that there are no oral or written leases on all or any part of the property exceeding a period of one month, and the City agrees to hold the Housing Authority harmless and reimburse the Housing Authority for any and all of its losses and expenses occasioned by reason of any lease of said property held by any tenant of City for a period exceeding one month. 4. The obligations of the Housing Authority under this contract are contingent upon each of the following: (A) The City to formally vacate Parcel No. 82-0263A as shown on Exhibit "B" attached hereto. Said vacation is a portion of that general utility, drainage, access, tree planting and maintenance easement lying within Lot 1 at Chula Vista Tract No. 79-01 in the County of San Diego, State of California according to Map thereof No. 3402, filed in the Office of the County Recorder of said County on October 5, 1979. (B) Continued availability of $567,102.60 of Public Housing Funds by the United States Department of Housing and Urban Development to the Housing Authority for the purchase of the land described in Exhibit "A". Said Public Housing Funds are available under an annual contribution Contract Number SF-573 between the Housing Authority and the United States Department of Housing and Urban Development. At the option of the Housing Authority, this Agreement shall become null and void if any or all of the above contingencies are not satisfied for any reason whatsoever. Thereafter the parties hereto shall be relieved of all obligations under this contract. 5. It is mutually agreed between the parties hereto that the amount shown in Clause 2A herein includes, but is not limited to, $2,102.60 for reimbursement to the City of miscellaneous closing costs it incur~ed on or about August 19, 1981, in their original purchase of sald property described in Exhibit "A". - 2 - I{ -I OYcJ? .. The Parties hereto have herein set forth the whole of their Agreement. No consideration other than that set forth herein will be honored. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. 1 sta THE HOUSING AUTHORITY OF THE COUNTY OF SAN DIEGO By Deputy Secretary Board of Commissioners ~ - 3 - If - /of.;J,! liS INSTRUMENT TO: ." ':. SPACE ABOVE FOR RECORDER'S USE ONL Y Grant Deed assar's Parcel 624-060-62 CH!~A VISTA Project HOUS ING - MELROSE W. O. No. TE 2296 Parcel No. 82-0067-A THE CITY OF CHULA VISTA. a municipal corporation For a valuable consideration do(es) hereby GRANT to THE COUNTY OF SAN DIEGO, a body corporate and politic under California, all that real property in the City of Chula State of California, described as follows: HOUSING AUTHORITY OF THE the laws of the State of Vista, County of San Diego, Parcel No. 82-0067-A (1-20-82) (WAR:RH:ab) 4 Lot 1 of CHULA VISTA TRACT 79-01, in the City of Chu1a Vista, County of San Diego, State of California, according to Map thereof No. 9402 filed in the Office of the County Recorder of said County on October 5, 1979. This Deed is made and accepted upon the covenant which shall run for a period of forty (40) years, that the property shall be used exclusively for housing for low- and moderate-income persons, as defined by the United States Department of Housing and Urban Development. This covenant shall be binding on the parties and their successors in interest. Not- withstanding anything herein to the contrary, said covenant shall not be deemed in any way to impair the rights of the United States under the terms of the Annual Contributions Contract entered into between the United States and the Housing Authority of the County of San Diego for project CA16-P108-001 pursuant to the U.S. Housing Act of 1937. EXHIBIT A A- /d?~7 ,Daleo thii 7th dlY of THE CITY OF CHULA VISTA, a municipal JULY, ,19.13. corporation BY:~. ~ COX STATE OF CALIFORNIA } County ot Siim ni ""JrI ... ?n July 7, , 10,Ebefor. me, thl undlflign.d. I NotlrY. Public in and (or ~id County .and .Hcalll, p.rwnally appeared Greqory R. Cox, Mayor of the Clty of Chula Vlsta and Jennle M. Fulasz ri ty rl prk for the City of Chula Vista. . ~nown to mjj to bit the per~orE _whOM nime s are IUblCribed to thl wilhir. innrumtUlt, Uld IIcknowladged that they 8..cutad the ..me. Ni~ne.. mV hind and official 5841, CITY CLERK, JENNIE M. FOLASZ I~.~r~w..;;a~~ ELEANOR L. liGDA ! . NOTARY PUBLIC - CALIFORNIA ! PRINCIPAL OFFICE IN :: SAN DIEGO COUNTY 5 My CornmIsaioQ ExpIres May 18,1984 ~ ~v-r ~1V' ~~-11d.llllQ~Htl:mtaIIUIUHI.Hnll=6 iTATE OF CALlFOANIA, } ... County of ~n OUtQo. 4 r,(~.:~~ngT A {blj\:\0 ~gUI . 7< - /o;1~y ,. , K . S. No.: Vacation of Easement Authorized: Rolan Dated: Project Title: C.V. Public Huusing Legals By: Oern1ing Dated: 4,..28-82 Legals Checked: References: Hobbs Dated: 4-28-82 Proofed by: TE2296; APN 624-060-62 Ti t1e Repqrt I: Parcel II: 82-0263-A Dated: Tape: Upda ted: Code: 1 2 3 Parcel No. H2-0263-A (4-28-82) (FD:RH:ab) , 5 All that portion of that general utility, drainage, access, tree planting and maintenance easement lying within Lot 1 at Chula Vista Tract No.' 79-01 in the Coullty of Sdrl Diego, State of California, according to MdP ther'eof No. 3402, fi led in the Office of the County Recorder of said County on October 5, 1979, described as follows: 4 6 7 That portion lying Northerly of the following described line: 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~2 23 COllmencing at the Southwest corner of said Lot 1; thence along tile South- erly and Easterly lines of said Lot 1, North 89019144" East, 130.14 feet; thence North 79040'51" East, 16.98 feet to the beginning of a non-tangent 20.00 foot radius curve concave Northwesterly, a radial line to said curve bears South 00040.16" East; thence Northeasterly along the arc of said curv~ through a central angle of 97040'00" a distance of 34.09 feet; thence North 08020'16" West, 9.01 feet to the TRUE POINT OF BE BEGINNING; thence leaving said Easterly line, South 89013'48" West to the Westerly line of said Lot 1 and the POINT OF TERMINUS. 4 ... ...C':~ Said portion also lying Southerly of the following described:-line: COllunencing at the Northedst corner of said Lot 1; thence Southerly along the Easterly line of said Lot 1 along the arc of a 780.00 foot radius curve concave Easterly, through a central angle of 14004140" a distance of 191.65 ft:et, a radial to said point bears North 89047149" West; thence South 000n'33" West, 34.00 feet to the TRUE POINT OF BEGINNING; thence leaving said Easterly line, North 89048'2r West to the Westerly line of said Lot 1 ami the POINT OF TERMINUS; excepting therefrom the easterly 5.5 feet. EXHIBIT "8" 24 11- / (Jf;2f R,P.D. FOnt #2