HomeMy WebLinkAboutResolution 2004-104 N.C.S. 06/21/2004 Resolution No. 2004-104 N.C.S.
of the City of Petaluma, California
RESOLUTION APPROVING A
CORRECTION/MODIFICATION OF
GRANT DEED AND CONDITIONS
WHEREAS in 1979, Petaluma Ecumenical Properties (PEP) received a donation of
property located at 1400 Caulfield Lane; and,
WHEREAS a deed was recorded on that property limiting the use of the property for the
sole purpose of "providing housing, including related facilities and services, for low and/or
moderate income senior citizens...."; and,
WHEREAS PEP has utilized the property as its corporate office but is .now required to
re-locate due to changes in the Workers' Compensation regulations; and,
WHEREAS the best alternative .for the property is for PEP to rent or lease the office to
another nonprofit agency or a private sector business and utilize any profits to forward PEP's
mission to serve low-income seniors.
NOW, THEREFORE, BE IT RESOLVED that the City Council approves the
replacement of the existing deed with acorrection/modification allowing PEP to rent or lease
said property for the purpose of supplemental income to support its mission of providing housing
to low-income seniors, Exhibit A to this resolution.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to
Council of the City of Petaluma at a (Regular) (Adjourned) (Special) meeting ~,r~
on the ........21:.`............ day of .......June lOD.4.., by the ~)f
following vote:
City Attorney
AYES: Mayor Glass, Harris, Healy, Vice Mayor Moynihan, O'Brien, Thompson, Torliatt
NOES: None _
ABSENT: None
ATTEST:
City Clerk Mayor _
Council File
Res. No.......2pOq..1.Qq.........N.CS.
EXI~IBI't' A
RECORDING REQUESTED:BY
PETALUMA .ECUMENICAL PROPERTIES
WHEN RECORDED MAIL TO
PETALUMA ECUMENICAL PROPERTIES
3920 Cypress Drive, Suite. B
Petaluma, CA 94954
C®RRECTBON/MODIFICATION OF GRANT DEE®;AND COiVD1TIONS
APN N0. 7-570-10
THE UNDERSIGNED GRANTOR(s) DECLARE(S): DOCUMENTARY TRANSFER TAX is $ 0. CITY TAX $ 0
Transfer'is from a public entity to•a non-profrt corporation. Exempt pursuantao R & T Code §19928
The CITY OF PETALUMA,, is„the Seller/Grantor and PETALUMA'ECIJMENICALPBOJECTS:;. INC.:. is th'e'
Grantee underthat certain Granf Deed d'ated'June 14, 1979 and recorded by the Sonoma County Recordern.Book
3583 at Page 01; wherein #he,City of'Fetaluma granted to PETALUMA ECUMENICAL PROJECTS, INC. that certain
real property located in the City of Petaluma, County of Sonoma, State of California described as:
That certain premises- described as A.P. No. 5-570-10 and also known as 739 South McDowell
Blvd., Petaluma,, California, and which premises;, since the date of said transfer is also commonly
described as 1400 Caulfield Lane, Petaluma, California
I; On or about May 17, 2001,, in accordance with a vote of its Board of Directors; duly noticed and held,.
PETALUMA ECUMENICAL PROJECTS, INC. changed its corporate name to PETALUMA ECUMENICAL'
PROPERTIES, INC., and caused a Certification of Amendment.: of Articles of Incorporation of Petaluma
Ecumenical '.Projects; to be filed. on June 7, 2001 in the office ~ofi the Secretary of State of°the State of California.
The parties hereto acknowledge that.PETALU,MA ECUMMENICAL PROPERTIES, ING: is the owner of3the within-
described property under said Grant Deed and thateach reference in said Grant Deed to PETALUMA ECUMENICAL
PROJECTS, INC.: means PETALUMA ECUMENICAL PROPERTIES, INC...
II. The;grant;of property under said Grant Deed was subject to certain. restrictions, conditions, covenants and/or
agreements retained 6y`and i'n favor of the Grantor as to Grantee's use of the property. Paragraph 3)(b) of said.
Grant Deed provided for modification of such restrictions, conditions, covenants and/or agreements as follows:
"(b) the restrictions conditions, covenants and/oragreements herein. maybe. modified, annulled orwaived
by written consent~of the. parties, their successors or assigns, duly recorded'as an integral part of this :Grant
Deed':"
111. Pursuant to the. authority set forth in said Paragraph 3)(b), the undersigned Grantor and Grantee hereby
revoke Paragraph 3)(a)(1) as sef forth in the said Grant Deed dated, and adopt. in its place the following:
"(1) The sole,. total. and. exclusive use of the property shall be to provide housing, including related facilities
and services for low;, and/or moderate income senior citizens,,.. and/or for the rental of said property, for the
purpose of'supplemental;income to the Grantee, to support its,mission of providing housing, to the very low,
Resolution No. 2004-104' N.C:S. Page 2 • ,
low and/ormoderate income community; regardless of their race, color, creed., ancestry; national origin, sex,
or religious preference, or lack thereof."
IV. In all other respects, the parties reaffirm. the terms of the Grant Deed, dated June 14, 1979.
GRANTOR: CITY OF PETALUMA, a California Municipal Corporation
DATED: By: C~iG-
DAVID G ' SS, Mayor
DATED: ~ ~ ,lP I ~ `'fi' By:
GAYLE PETERSEN, City Jerk
_P P-PRO SST M:
RICHAR RUD ` NSKY, CtyA
MICHAEL A. BIERMAN',City Manager
.ACCEPTANCE BY GRANTEE:
PETALUMA ECUMENICAL PROPERTIES; INC. .
A California No profit Corporation
By: DATED: ~
L N SVIN ,President
DATED: ~ Z~. .
_ VERA R. Cl MMET I, .Executive Director
Resolution No. 2004-104 N.C.S, Page 3