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HomeMy WebLinkAboutRESOLUTIONS - 02281989 - 89-107 COUNTY OF CONTRA COSTA RESOLUTION NO. 89/107 RESOLUTION OF THE COUNTY OF' CONTRA COSTA AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE MORTGAGE BOND AND TAX CREDIT ALLOCATION COMMITTEE FOR AN ALLOCATION WITH RESPECT TO COUNTY OF CONTRA COSTA 1989 HOME MORTGAGE REVENUE BONDS AND APPROVING OTHER ACTIONS IN CONNECTION THEREWITH WHEREAS, Chapters 1-5 of Part 5 of Division 31 of the Health and Safety Code of the State of California (the "Act" ) authorizes counties to incur indebtedness for the purpose of financing home mortgages authorized by the Act, and the Act provides a complete, additional and alternative method for doing the things authorized thereby; WHEREAS, the Board of Supervisors (the "Board" ) of the County of Contra Costa (the "County" ) hereby finds and declares that it is necessary, essential acid a public purpose for the County to finance home mortgages pursuant to the Act, in order to increase the housing supply in the County for personz and families within the income limitations established by the Act; WHEREAS, this Board has, by Ordinance No. 82-5, adopted on January 5, 1982, adopted a home mortgage finance program (the "Program" ) for such purpose, and has determined to borrow money for such purpose by the issuance of revenue bonds as authorized by the Act; WHEREAS, Section 146 of the Internal Revenue Code of 1986, as amended, limits the amount of qualified mortgage bonds that may be issued at any calendar year by entities within a state and authorizes a legislature of such state to provide the method of allocation within the state; WHEREAS, Chapter 11.8 of Division 1 of Title 2 of the Government Code of the State of California (the "Government Code" ) governs the allocation of the state ceiling among governmental units in the State of California having the authority to issue qualified mortgage bonds; WHEREAS, Section 8869.85 of the Government Code requires a local agency to file an application with the California Debt Limit Allocation Committee ( "CDLAC" ) and/or the Mortgage Bond and Tax Credit Allocation Committee ( "MBTCAC" ) prior to the issuance of qualified mortgage bonds; 8320d a NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Contra Costa, as follows: ' 1. The Director of Community Development and the Deputy Director-Redevelopment are hereby authorized, on behalf of the County, to submit an application, and such other documents as may be required, to CDLAC and/or MBTCAC for an allocation of up to $20, 000, 000 with respect to qualified mortgage bonds to be issued by the County. 2 . The officers of the County are hereby authorized, on behalf of the County, (1) to assist cities located within the County and desiring to cooperate with the County in the Program in applying to CDLAC and/or MBTCAC for allocation to be used for the issuance of qualified mortgage bonds by the County and (2 ) to assist the City of Pittsburg in transferring to the County all or a portion of its carried forward 1987 allocation to be used for the issuance of qualified mortgage bonds by the County. 3 . The execution by the Deputy Director- Redevelopment, on behalf of the County, of the Developer Deposit and Escrow Agreements presented to this meeting is hereby ratified and approved. The Director of Community Development and the Deputy Director-Redevelopment are hereby authorized, on behalf of the County, to execute and deliver additional Developer Deposit and Escrow Agreements in substantially said form to additional developers desiring to participate in the Program, with such changes as the officer executing such agreement shall approve, such approval to be conclusively evidenced by the execution and delivery thereof. 4. The actions of the Director of Community Development and the Deputy Director-Redevelopment, on behalf of the County, to establish an escrow account and to deposit into such escrow account amounts received from developers desiring to participate in the Program pursuant to the Developer Deposit and Escrow Agreements are hereby ratified and approved. Such officers are hereby authorized, on behalf of the County, to certify to CDLAC and/or MBTCAC the amounts held in such escrow account, to hold any such amounts for or transfer such amounts to any city applying for allocation to be used for the issuance of qualified mortgage bonds by the County and to otherwise dispose of such amounts as provided in the Developer Deposit and Escrow Agreement. 5. The officers of the County are hereby authorized and directed, jointly and severally, to do any and all things necessary or advisable in order to consummate the issuance, sale and delivery of qualified mortgage bonds and 2 8320d otherwise to effectuate the purposes of this resolution, and all actions previously taken by such officers in connection with the establishment of the Program and the issuance, sale and delivery of such bonds are hereby ratified and approved. 6. This resolution shall take effect immediately upon its adoption. ADOPTED this 28th day of February, 1989, by the following votes: AYES: Supervisors Powers, Fanden, McPeak, Torlakson. NOES: None. ABSENT: Supervisor Schroder. ! )Rk� Chair of the Board of Supervisors ATTEST: Phil Batchelor, County Administrator and n _==____ Clerk of the Board of Supervisors By: Deputy 3 8320d a ,fir Y CLERK' S CERTIFICATE I, Jeanne 0. Maglio Deputy Clerk of the Board of Supervisors of the •County of Contra Costa, hereby certify as follows: The foregoing is a full, true and correct copy of a resolution duly adopted at a regular meeting of the members of the Board of Supervisors of the County of Contra Costa duly, regularly and legally held at the regular meeting place thereof on February 28, 1989, of which meeting all of said members had due notice and at which at least a majority thereof were present; At said meeting said resolution was adopted by the following vote: Ayes: . Supervisors Powers, Fanden, McPeak, Torlakson. Noes: None . Absent: Supervisor Schroder. The foregoing is a full, true and correct copy of the original resolution adopted at said meeting and entered in said minutes; and Said resolution has not been amended, modified or rescinded since the date of its adoption, and the same is now in full force and effect. Dated: February 28. 1989. Phil Batchelor, County Administrator and ex-officio Clerk of the Board of Supervisors [SEAL] / B y: Deputy 8320d Q �... /`v Contra Costa County TO: BOARD OF SUPERVISORS FROM: HARVEY E. BRAGDON, Director of Community Development DATE: November 21, 1988 SUBJECT: Tentative Cancellation of Land Conservation Contract No. 22-69 (Owner: JERRY BETTENCOURT; Developer and Applicant: BRADDOCK & LOGAN) SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION Approve a one (1) year extension of the tentative cancella- tion of Land Conservation Contract No. 22-69 as allowed by the terms of the Certificate of Tentative Cancellation recorded •December 4, 1987. FISCAL IMPACT None. BACKGROUND/REASONS FOR RECOMMENDATIONS The Certificate of Tentative Cancellation provides that a Certificate of Final Cancellation may be issued on condition, among others, that the land owner obtains approval f r a CONTINUED ON ATTACHMENT: X YES SIGNATUR RECOMMENDATION OF COUNTY ADMINISTRATOR _ RECOMMENDATION 07BOARPCITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON November 29,1988APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS X UNANIMOUS (ABSENT ) I HEREBY CERTIFY THAT THIS IS A TRUE AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN AND ABSENT: ABSTAIN: ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN ATTESTED November 29, 1988 BY 0444,1L DEPUTY cc: Community Development Dept. County Counsel Jerry Bettencourt Braddock & Logan Associates r E i ku BACKGROUND/REASONS FOR RECOMMENDATIONS (Continued) Planned Unit District zoning (P/1) and Preliminary Development Plan within one (1) year of the date of tentative cancellation. An application for rezoning to Planned Unit District, Final Development Plan and Vesting Tentative Map were submitted to the Community Development Department on August 17, 1488. A final decision on these applications will not be made by the Board of Supervisors prior to December 1, 1488. / r RECORDING REQUESTED BY: Contra Contra Costa County WHEN RECORDED RETURN TO CLERK, BOARD OF SUPERVISORS BOARD OF SUPERVISORS CONTRA COSTA COUNTY, CALIFORNIA Re: Final Cancellation of CERTIFICATE OF FINAL Land Conservation Contract CANCELLATION AND RELEASE No. 22-69 between Contra OF LIEN [Gov. Code Costa County and Jerry §§51283.3(c) , 51283.4] Bettencourt, dated February 25, 1969, Pertaining to Property Identified as Assessor's Parcels Nos. 220-060-008 and 220-060-011 (previously incorrectly referenced as 260-060-010 I am the Clerk of the Board of Supervisors for Contra Costa County, California. The Board of Supervisors by Resolution No. 89/125 adopted on February 28 . : ,. 1989, granted final approval for cancellation of the land conservation contract between the County of Contra Costa and the below named landowner. Name of landowner requesting cancellation: Jerry Bettencourt 3641. Camino Tassajara Road Danville, CA 94526 Real property for which contract is cancelled: Legal description attached hereto as Exhibit "A". All conditions and contingencies in connection with the Tentative Cancellation of such Contract and as required by law, have been satisfied. Notwithstanding any conflicting provisions of the California Revenue and Taxation Code, any liens on such property created by reason of the execution of cancellation of such contract are hereby released. Dated: February 28 1989 Phil Batchelor, County Administrator and Clerk of the Board of Supervisors By: MAA CIO Deputy bob3/canclagr.doc EXHIBIT "A" ' PARCEL ONE: Portion of the West 1/2 of Section 31, and the West 1/2 of the Northeast 1/4 of Section 31, Township 1 South, Range 1 East, Mount Diablo Base and Meridian, more particularly described as follows: Beginning at the intersection of the West line of said Section 31 with the center line of the County Road leading from Tassajara to Danville; thence from said point of beginning north along the west line of said Section 31 to a point distant thereon 10. 96 chains South from the Northwest corner of said Section 31; said point being on the South line of the parcel of land described in the deed to B.A. Silva recorded January 29, 1912, Book 178, Deeds, page 41; thence East along the South line of said Silva Tract, parallel with the North line of said Section 31, 41. 08 chains to the Southeast corner of said Silva Tract; thence North along the East line of said Silva Tract, parallel with the West line of said Section 31, 10. 96 chains to the North line of said Section 31; thence East along the North line of said Section 31 to the Northeast corner of the West _ 1/2 of the Northeast 1/4 of said Section 31; thence South along the east line of the west 1/2 of the Northeast 1/4 of . said Section 31 to the Southeast corner of the West 1/2 of the Northeast 1/4 of said Section; thence West along the South line of the West 1/2 of the Northeast 1/4 of said Section 31 to the Southwesterly corner of said West 1/2 of the Northeast 1/4 of said Section; thence South along the East line of the West 1/2 of said Section 31, 21. 30 chains, mor or less, to the center of the County Road; thence along the center of said County Road, as follows: South 370 15' West 4. 21 chains; North 770 45 ' West 7. 21 chains; North 66° 15' West, 1. 52 chains; South 840 45 ' West, 15. 90 chains; South 690 30 ' West, 3. 99 chains, South 790 West, 4 . 02 chains; and thence North 840 15 ' West, 5. 46 chains to the point of beginning. Excepting From Parcle One: The parcel of land conveyed in the deed to Pacific Gas and Electric Company, recorded May 27, 1977, in Book 8350, Page 91, Official Records. PARCEL TWO: Portion of the Southeast 1/4 of Section 31, Township 1 South, Range 1 East, Mount Diablo Base and Meridian, described as follows EXHIBIT "A" Page Two Beginning on the north line of said southeast 1/4 , distant thereon north 890 33 ' east, 1330. 80 feet from the northwest corner of said southeast 1/4; thence from said point of beginning, south 89° 33' west, along said north line, 1330 . 80 feet; thence south 2° 30 ' east, 1405 . 80 feet to the center line of the old County Road known as Camino Tassajara; thence along said center line as follows: North 48° east, 99 . 66 feet; north 530 30 ' east, 99 . 66 feet; thence 49° 15 ' east, 120. 12 feet, and north 890 52 ' 30" east, 1030. 15 feet to a line drawn south 0° 22 ' 15" east, from the point of beginning; thence north 01 22 ' 15" west, 1211. 23 feet to the point of beginning. Excepting From Parcel Two: That portion thereof lying south of the north line of .the Old County Road referred to in said Parcel Two.