RESOLUTION NO. 2011-05

BOARD OF SUPERVISORS, COUNTY OF SAN MATEO, SITTING AS THE BOARD OF COMMISSIONERS OF THE HOUSING AUTHORITY OF THE COUNTY OF SAN MATEO, STATE OF CALIFORNIA

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RESOLUTION AUTHORIZING THE EXECUTION AND RECORDATION OF DECLARATION OF TRUST FOR MIDWAY VILLAGE

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RESOLVED, by the Board of Supervisors of the County of San Mateo, sitting as the Board of Commissioners of the Housing Authority of the County of San Mateo, State of California, that

WHEREAS, the Housing Authority of the County of San Mateo (HACSM) acquired surplus real property in Daly City from the U. S. Navy; and

WHEREAS, in 1975 the site was redeveloped as Midway Village Public Housing; and

WHEREAS, prior to construction of any public housing, the U.S. Department of Housing and Urban Development (HUD) requires that a Declaration of Trust (DOT) be recorded against real property assigning an interest to HUD and (a) requiring that the units be made continuously affordable during the term of the DOT, and (b) that the DOT be kept current so long as the public housing continues to receive annual operating and/or modernization funding under the U.S. Housing Act of 1937; and

WHEREAS, in May 2010, the Board authorized in two separate actions: (a) the Housing Authority to submit an application to HUD to dispose of Midway Village to an HACSM-affiliated nonprofit to own and operate: and (b) the Department of Housing to establish SAMCHAI, the HACSM-affiliated nonprofit; and

WHEREAS, in January 2011, HUD approved disposition of Midway Village, and as part of the disposition process, in May 2011, HUD asked staff to provide documentation of the DOT recording so that HUD could authorize its removal; and

WHEREAS, staff reviewed the property title report and discovered that a DOT was not recorded; and

WHEREAS, in order to consummate the disposition process, HUD is requiring the Housing Authority to record the DOT in order for HUD to formally remove it; and

WHEREAS, there has been presented to the Board of Commissioners for its consideration and acceptance, a Declaration of Trust, reference to which is hereby made for further particulars, and the Board has examined and approved the same as to form and content.

NOW THEREFORE, IT IS HEREBY RESOLVED that the President of this Board of Commissioners be, and is hereby authorized to execute and record said Declaration of Trust for Midway Village, and the Clerk of this Board shall attest the President’s signature thereto.

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