2007/07/10 City Council Resolution 2007-116RESOLUTION NO. 2007-116
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
APPROVING A DEED OF FULL RECONVEYANCE REGARDING
ASSESSOR'S PARCEL NUMBER 143- 391 -053 AND -054
WHEREAS, the City of Rohnert Park ("City ") owned the real property located at 705
Rohnert Park Expressway, Assessor's Parcel Numbers 143- 391 -053 and -054 ( "Site "); and
WHEREAS, on May 23, 2006, the Community Development Commission of the City of
Rohnert Park ( "CDC ") and the City approved a Reimbursement and Purchase and Sale
Agreement which provided for the CDC to purchase the Site from the City utilizing the twenty
percent (20 %) housing set -aside funds allocated to it to improve and increase the supply of
affordable housing in the City of Rohnert Park; and
WHEREAS, this transaction was completed September 7, 2006; and
WHEREAS, as part of that transaction, the CDC signed a promissory note dated May 23,
2006 ( "Note ") in favor of the City which pledged repayment from the housing set -aside funds,
but was erroneously secured by a deed of trust against the property, prepared by the title
company; and
WHEREAS, in order to rectify that error, and clean up title to the Site for transfer to the
Developer, the CDC has prepared a Request for Full Reconveyance and the City has prepared a
Deed of Full Reconveyance which in no way alters the amount of indebtedness owed to the City
by the CDC pursuant to the Note, the terms of repayment, or any other terms or obligations under
the Note.
NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Rohnert
Park hereby approves and authorizes the attached Deed of Full Reconveyance and authorizes the
Mayor to sign the attached Request for Full Reconveyance and any other necessary documents.
DULY AND REGULARLY ADOPTED this 101h day of July, 2007.
CITY OF ROHNERT PARK
Mayor
HNSRr PABk
ATTEST:
19
Clerk
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BREEZE: AYE MACKENZIE: AYE SMITH: AYE STAFFORD: AYE VIDAK- MARTINEZ: AYE
AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0)
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City Clerk
City of Rohnert Park
6750 Commerce Boulevard
Rohnert Park, CA 94928
APNs: 143- 391 -053 & 054 Space Above this Line for Recorder's Use
Exempt From Recording Fees Pursuant to Gov't Code § 27383
DEED OF FULL RECONVEYANCE
WHEREAS, the Community Development Commission of the City of Rohnert Park, a public
body corporate and politic ( "Trustor ") executed that certain promissory note dated May 23, 2006
( "Note ") as Borrower thereunder in favor of the City of Rohnert Park, a California municipal
corporation ('Beneficiary ") as Lender thereunder.
WHEREAS, Section 9 of the Note reads in pertinent part: "This Promissory Note is not secured
by a Deed of Trust."
WHEREAS, that certain Short Form Deed of Trust and Assignment of Rents dated as of May 23,
2006, and recorded as Instrument No. 2006 - 110311 on September 7, 2006, of Official Records in
the office of the County Recorder of Sonoma County, State of California ( "Deed of Trust "),
executed by the Trustor, as Trustor under the Deed of Trust, to North American Title Company
( "Trustee "), as Trustee under the Deed of Trust, securing the obligations under the Note against
that property described in Exhibit A hereto ( "Property "), was executed and recorded in error.
WHEREAS, Trustor and Beneficiary intend that the obligations under the Note remain in full
force and effect.
NOW, THEREFORE, North American Title Company, as Trustee, does hereby GRANT and
RECONVEY unto THE PARTIES ENTITLED THERETO, without warranty, all the estate and
interest derived to the said Trustee, under said Deed of Trust, in the lands therein described,
situated in the County of Sonoma, State of California, reference being hereby specifically made
to said Deed of Trust and the record thereof for a particular description of said lands.
1020949v1A 80121/0001
This reconveyance does not in any way alter the amount of indebtedness owed the Beneficiary
by the Trustor pursuant to the Note, the terms of repayment, or any other terms or obligations
thereunder.
NORTH AMERICAN TITLE COMPANY
Name:
Its:
2
10209490A 80121/0001
STATE OF CALIFORNIA )
) ss.
COUNTY OF )
On before me,
(insert name and title of the officer), personally appeared
, personally known to me (or 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.
WITNESS my hand and official seal.
Signature
10209490A 80121/0001
EXHIBIT "A!'
CITY OF ROHNERT PARK
VIDA NUEVA REVISER LOT 1 COMBINED WITH PORTION OF PARCEL A
LEGAL DESCRIPTION
SITUATE IN THE CITY OF ROHNERT PARK, COUNTY OF SONOMA AND STATE OF CALIFORNIA.
LOT 1 AS SHOWN ON THE CITY OF ROHERT PARK PARCEL MAP NO. 142 RECORDED DECEMBER 20;
1991 AND FILED IN BOOK 486 OF MAPS AT PAGES 7 -9, SONOMA COUNTY RECORDS.
TOGETHER WITH A PORTION OF THE LANDS OF THE CITY OF ROHNERT PARK, A MUNICIPAL
CORPORATION AS DESCRIBED IN DEED RECORDED UNDER DOCUMENT NO. 1992-0006439,
SONOMA COUNTY RECORDS, ALSO BEING A PORTION OF PARCEL -K AS SHOWN ON CITY OF
ROHNERT PARK PARCEL MAP NO: 142 RECORDED DECEMBER 20, 1991 AND FILED IN BOOK 486 OF
MAPS AT PAGES 7 THROUGH 9, SONOMA COUNTY RECORDS, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING ATTHE NORTHEASTERLY CORNER OF SAID PARCEL *X, SAID CORNER BEING THE
BEING OF A CURVE TO THE RIGHT HAVING A RADIUS OF 1558.00 FEET; THENCE ALONG SAID
CURVE AND THE NORTHERLY LINE OF PARCEL 220.00 FEET THROUGH A CENTRAL ANGLE OF
08 °05'26'; THENCE RADIALLY FROM SAID CURVE SOUTH 08024'02" EAST. 2323 FEETTO THE
SOUTHERLY LINE OF SAID PARCEL; THENCE ALONG SAID LINE SOUTH 71°56'15" EAST, 150.54 FEET
TO THE BEGINNING OF A CURVE TO THE RIGHT HAVING A RADIUS OF 107205 FEET; THENCE
ALONG SAID CURVE AND THE SOUTHERLY LINE OF SAID PARCEL 84.78 FEET THROUGH A
CENTRAL ANGLE OF 04 °31'52' TO THE SOUTHEASTERLY CORNER OF SAID PARCEL; THENCE
ALONG THE EASTERLY LINE OF SAID PARCEL NORTH 00'00'00" WEST, 83.08 FEET TO THE POINT OF
BEGINNING.
CONTAINING 1.825 ACRES (79,497 SQUARE FEET) MORE OR LESS.
BASIS OF BEARING OF THIS DESCRIPTION IS THE ABOVE MENTIONED PARCEL MAP.
PREPARED IN THE OFFICE OF STEVEN J. LAFRANCHI & ASSOCIATES, INC.
u
REQUEST FOR FULL RECONVEYANCE
TO: North American Title Company, TRUSTEE:
The undersigned City of Rohnert Park, a California municipal corporation ( "Beneficiary"), is the
legal owner and holder of all indebtedness secured by that certain Short Form Deed of Trust and
Assignment of Rents dated as of May 23, 2006, and recorded as Instrument No. 2006 - 110311 on
September 7, 2006, of Official Records in the office of the County Recorder of Sonoma County,
State of California ( "Deed of Trust' ); executed by the Community Development Commission of
the City of Rohnert Park, a public body corporate and politic ( "Trustor "), as Trustor under the
Deed of Trust, to North American Title Company ( "Trustee "), as Trustee under the Deed of
Trust.
Beneficiary hereby requests Trustee to reconvey, without warranty, to the person or persons
legally entitled thereto, the estate, now held by Trustee under the Deed of Trust. Beneficiary is
requesting this reconveyance based on the fact that Section 9 of that certain promissory note
dated May 23, 2006 ( "Note ") executed by Trustor as Borrower thereunder in favor of the
Beneficiary as Lender thereunder, which the Deed of Trust secures, reads in pertinent part: "This
Promissory Note is not secured by a Deed of Trust." The Deed of Trust securing the Note was
executed and recorded in error.
This reconveyance does not in any way alter the amount of indebtedness owed the Beneficiary
by the Trustor pursuant to the Note, the terms of repayment, or any other terms or obligations
thereunder.
Beneficiary:
THE CITY OF ROHNERT PARK, a California
municipal corporation
Executed on: 2007 By:
Name:
Its:
ATTEST:
City Clerk
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