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HomeMy WebLinkAboutMINUTES - 02122008 - C.50 (2) TO: REDEVELOPMENT AGENCY a 'sE L' Contra FROM: John Cullen, Executive Director Costa DATE: February 12, 2008 = CountyOS _ ,•GA T9 COUr� SUBJECT: APPROVE SALE OF REAL PROPERTY LOCATED AT 140 MALCOLM DRIVE, NORTH RICHMOND, CA. FOR TWO HUNDRED TWENTY THREE THOUSAND DOLLARS SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION Recommended Action: 1 . AUTHORIZE the Contra Costa County Redevelopment Agency (Agency) to convey a below market rate property located at 140 Malcolm Drive, North Richmond to an eligible low income purchaser for$223,000: APN 408-230-019, pursuant to California Health and Safety Code sections 33431 and 33449. 2. AUTHORIZE the Redevelopment Director, or his designee to enter into the legal documents required for the transfer of title of above properties from the Agency to eligible purchasers. 3. DIRECT the Redevelopment Director to have the County Grant Deed, Deed of Trust, Buyer's Resale Agreement, and other such documents as required rin the Office of the Recorder. CONTINUED ON ATTACHMENT: 0 YES SIGNATURE: L'I'W77 � "` ei�K RECOMMENDATION OF EXECUTIVE DIRECTOR ❑ CO MENDA NOF AGENCY CO ITTEE E214APPROVE ❑ OTHER SIGNATURE(S): ACTION OF AGY ON (— APPROVED AS RECOMMENDED OTHER ❑ VOTE OF COMMISSIONERS: I HEREBY CERTIFY THAT THIS IS A TRUE AND JCORRECT COPY OF AN ACTION TAKEN AND _UNANIMOUS (ABSENT 1` " ) ENTERED ON THE MINUTES OF THE AYES: NOES: REDEVELOPMENT AGENCY ON THE DATE SHOWN. ABSENT: ABSTAIN: ATTESTED j„r L 2 Contact: D'Andre Wells (335-7236) JOHN CULLEN,AGENCV SECRETARY Orig: Redevelopment Agency cc: CAO County Counsel 0111 1A I Redevelopment Agency By: Deputy PW Real Property-Karen Laws SUBJECT; APPROVE SALE OF REAL PROPERTY LOCATED AT 140 MALCOLM DRIVE, NORTH RICHMOND, CA. DATE: .February 12, 2008 PAGE: 2 Fiscal Impact: None. No General Fund revenues are involved. Redevelopment Agency Housing Set-Aside funds (Fund 289301/Org 7885) is used to purchase, hold, and resale this home. Reasons for Recommendations and Background: On May 15, 2007 the Board of Supervisors authorized the purchase of 140 Malcolm Avenue in North Richmond. The property is one of 87 homes in the Parkway Estates development. Twenty-five of those homes, including this Property, received Agency assistance and were sold to low income, first-time homebuyers. In exchange for Agency assistance the buyers signed a Resale Restriction and Option to Purchase Agreement ("Agreement"). The purpose of the Agreement is to provide the Agency with an opportunity to maintain the affordability of the units for another low-income household when a unit is sold or transferred. The Agreement provides that the Agency may exercise its option to purchase the Property from the Owner in the event the Owner provides the Agency with a written notice of intention to sell. The Agency purchased this unit last spring and has now found a new buyer. CEQA On May 15, 2007 the Board of Supervisors determined this project is exempt from California Environmental Quality Act (CEQA) pursuant to CEQA guidelines Section 15061(b)(3). Consequences of Negative Action: The Agency will not be able to keep affordable units in its program in order to satisfy Redevelopment law affordable housing production requirements. Recorded at the request of: Cantra Cgsta County Redevelopment Agency Return to: Theresa Chapman 140 Malcolm Drive Richmond, CA 94801 Assessor's Parcel No. 408-230-019 Title Co. Order No. 07-469784 GRANT DEED For valuable consideration, receipt of which is hereby acknowledged, CONTRA COSTA COUNTY REDEVELOPMENT AGENCY, a body corporate and politic existing under the laws of the State of California, Grants to Theresa Chapman, an unmarried women, the following described real property in the City of Richmond, unincorporated area of the County of Contra Costa, State of California, FOR DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. CONTRA COSTA COUNTY REDEVELOPMENTAGENCY Dated By James Kennedy Redevelopment Director STATE OF CALIFORNIA ) )ss COUNTY OF ) On , 2008, 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 forgoing paragraph is true and correct. WITNESS my hand and official seal. EXHIBIT "A" THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE UNINCORPORATED AREA OF RICHMOND, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOT 19, AS SHOWN ON THE MAP OF SUBDIVISION 7903, FILED ON November 4, 1997, IN BOOK 396 OF MAPS, PAGE 34, CONTRA COSTA COUNTY RECORDS, EXCEPTING THEREFROM: ALL WATER RIGHTS IN, UPON OR PERTAINING TO THE SAID REAL PROPERTY HEREINABOVE DESCRIBED, INCLUDING ALL RIPARIAN RIGHTS AND ALL RIGHTS TO SURFACE WATERS WHATSOEVER, ALL RIGHTS TO UNDERGROUND AND/OR PERCOLATING WATERS, AND ALL RIGHTS TO WHATSOEVER NOW HELD OR ACQUIRED, OR TO BE HEREAFTER HELD OR ACQUIRED, BY GRANTOR BY APPROPRIATION OR PRESCRIPTION TO FLOOD OR FRESHET WATERS, OR TO ANY WATERS WHATSOEVER, TOGETHER WITH FULL RIGHTS TO SELL OR OTHERWISE DISPOSE OF SAID OR ANY WATERS FOR DOMESTIC OR OTHER USES APART FROM OR AT POINTS DISTANT FROM SAID REAL PROPERTY; PROVIDED, HOWEVER, THAT GRANTEE MAY USE UPON SAID REAL PROPERTY FOR DOMESTIC USES (INCLUDING DAIRYING AND OTHER NATURAL USES) AND IRRIGATION USES, ANY WATER FOUND IN OR UPON SAID LANDS WHENEVER SAID GRANTOR DOES NOT REQUIRE OR USE SAID WATER, BUT WITHOUT THE RIGHT OF SAID GRANTEE TO CONDUCT SAID WATER FROM SAID REAL PROPERTY TO OR FOR USE UPON OTHER LANDS, AND SUBJECT ALWAYS TO THE PARAMOUNT RIGHTS OF SAID GRANTOR TO COLLECT FOR USE OR SALE ALL THE WATER OBTAINABLE AT ALL AND ANY DAMS, RESERVOIRS, WELLS AND PUMPING PLANTS, EXISTING OR FUTURE, OF SAID GRANTOR; AND PROVIDED FURTHER THAT FAILURE OF THE GRANTOR TO USE TO TAKE ALL SAID WATERS AT ALL TIMES SHALL NOT AFFECT, IMPAIR, DIMINISH OR DESTROY THE RIGHTS AND TITLE THERETO, AND HEREIN RESERVED AND EXCEPTED FROM THE OPERATION OF THIS DEED, AS RESERVED BY THE EAST BAY WATER COMPANY IN INSTRUMENT RECORDED AUGUST 11, 1923, IN BOOK 446 OF DEEDS, PAGE 90, AND November 7, 1924, IN BOOK 482 OF DEEDS, PAGE 115. APN: 408-230-019