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Home My WebLink About9/1/1999 - STAFF REPORTS DATE: SEPTTEMBER 1, 1999 TO: C0MM[JN1TyREDEVEL0PMENT AGENCY FROM ECONOMIC PROGRAMS MANAGER PUBLIC HEARING FOR THE PURCHASE OF APROPERTY AT 3709,3711,AND 3715 EL DORADO BOULEVARD BY THE LOW/MODERATE INCOME HOUSING FUND FOR THE PURPOSE OF PROVIDING HOUSING STOCK IN THE VERY LOW AND LOW-INCOME CATEGORIES RECON3MMATION: It is recomnmx ed that the Agency approve the purchase of the property at 3709,3711, and 3715 El Dorado Boulevard for the purpose of rehabilitating the property for low and moderate income housing BACKGROUND: In Apn1, 1999,Betty Sctuameister(Owner)acquired a vaunt residential property at 3709 EI Dorado Boulevard for use as an investment property. There are currently three structures on the site:a single firmly home,aduplexmadeflomtwo homesthatwere moved to the site and dropped on a single slab,and what appears to be a shed. When the Owner submitted plans for a minor amount of rehabilitation work with the Planning Department,she was informed that the multiple units on the site did not comply with the zoning standards(R 1)and the property had lost its legal non- conforming status through vacancy. This led to an intense dispute between the Owner and the City. A compromise was arrived at whereby the Low/Mod Housing Fund would purchase the property from the Owner at approidmately her cost,including a portion of the rehab that had already been done on the structures. The negotiated price was settled at$13,000. Staff will then develop a plan for the reuse of the property, which could include rehab of one of the existing structures, or demolition of all of the structures and having a new home built on the site. The acquisition of the property will come from Account Number 8382-50000, "Unscloduled Capital Projects," in the Low/Mod Housing Fund. Attached is a proposed resolution ap g the acquisition of this property. J YMO APPROVED: Executive Director ATTACHMENTS: 1. Resolution Pursuant to Section 37421,A xq. 2. Exhibit"A":Legal Description of the Property 3. Exhibit"B": Purchase and Sale Agreement—to be provided at mating NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, that the Community Redevelopment Agency of the City of Palm Springs will hold a Public Hearing in the City Council Chambers, located at 3200 Tahquitz Canyon Way, Palm Springs, California 92262, beginning at 7:00 p.m., Wednesday, September 1, 1999, to consider the following: Purchase of property located at 37099 3711 and 3715 El Dorado in the City of Palm Springs, to be rehabilitated for low-mod housing All interested persons are invited to attend the Public Hearing and express opinions on the item listed above. If you challenge the nature of the proposed action in court,you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this notice, or in written correspondence delivered to the City Clerk, at the address listed above, at or prior to the Public Hearing. Further information, in accordance with Health and Safety Code Section 33433, is available in the Economic Development Department, at the above address. PATRICIA&SANDERS,City Clerk PUBLISHED: August 18 and August 25, 1999 �(0-=°� C)F PALM SA �0 City of Palm Springs ' Office of the City Clerk o Al `a ' 3200 WMia Canyon Way•Palm Spnnp.C:alifmnia 92262 11I 0 - TEL(760)323.8204 •TDD-.(760)SM-9527 October 29, 1999, Betty Schiermeister 329 S. Witner, #D Los Angeles, Ca 90017 Dear Ms. Scbiermeister: Attached is one executed copy of the Agreement for Purchase and Sale of Real Property,APN 669- 413-019 regarding the teal property located at 3709, 3711 and 3715 El Dorado, Palm Springs, California, approved by the City Council on September 1, 1999, by Resolution No. 1077. Agreement#396C. Should you have any questions, please let me know. Sincerely, E V4CMC Assistant City Clerk cc: Economic Programs w/agreement Finance w/agreement File Post Office Box 2743 0 Palm Springs, California 92263-2743 Betty Schierineister Purchase&Sale of Real Property AGREEMENT#396C R1077,9-1-99 Related 1 AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY Assessor's Parcel No. 669-413-019 THIS AGREEMENT F PUR SE AND SALE OF REAL PROPERTY ("Agreement") is made this day of 1999, by and between THE COMMUNITY REDEVELO AG Y F THE C1TY OF PALM SPRINGS, a public (bodGy corporate and politic ("Agency") and BETTY SCE, an individual RECITALS: A. Grantor is the owner of that certain real property located at 3709, 3711 and 3715 El Dorado, Palm Springs, California and more particularly described in the legal description attached hereto as Exhibit "A" (the "Property"). B. Agency is a municipal corporation entitled to acquire the Property, or portions thereof, under its eminent domain powers under the laws of the State of California for the purposes Of constructing and maintaining low/modem income family housing thereon(the "Project"). C. On September 1, 1999, Agency, by Resolution No. 1077 found that the purchase of the Property is for a public purpose and is in the public interest. D. In accordance with the eminent domain laws of the State of California, including Government Code Sections 7267 et seq. and Civil Procedure Code Sections 1263.010 et �, Agency has provided to Grantor an offer for the purchase of the "Property", which offer included a description of the property interests to be acquired, an amount believed to be just compensation for the Property, the basis for its determination of just compensation and the public use for which the Property is to be acquired. E. Grantor has accepted Agency's offer as fair and just compensation for the Property and aclmowledges said compensation is no less than fair market value. F. In lieu of having Agency file an action in condemnation, Grantor wishes to voluntarily convey any and all interest Grantor has in the Property to Agency pursuant to the terms of this Agreement. G. Agency wishes to accept Grantor's conveyance of Grantor's interest in the Property pursuant to the terms of this Agreement. NOW, TZdEREFORE, the parties hereto agree to transfer fee interest in the Property from Grantor to Agency in accordance with the following terms and conditions: sz roi O84-W s nM7.1 .o9nOM RESOLUTION NO. 1077 A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, APPROVING ACQUISITION OF CERTAIN REAL PROPERTY AT 37099 37119 AND 3715 EL DORADO BOULEVARD, IN THE HIGHLAND-GATEWAY PROJECT AREA WHEREAS, the City of Palm Springs has zoned the area including the parcel at 3709 El Dorado Boulevard, in the Highland-Gateway Redevelopment Project Area, as R-1 (-Single Family Residential"); and WE EMS, the property at 3709 El Dorado Boulevard, which includes 3711 and 3715 El Dorado Boulevard, has several structures on it, including a multi-family structure, and is therefore considered a non-conforming use and because of its long vacancy must be returned to a single family use, and WHEREAS, Betty Schiermeister(Owner)purchased the property in April 1999, anticipating that all of the structures could be rehabilitated and used as a rental property, but was informed of the zoning prohibition, and is now facing significant economic losses to bring the property to code; and WHEREAS, after negotiation, the City and the Owner have agreed that a reasonable compromise between the parties was for the Community Redevelopment Agency to phase that property and rehabilitate it for a very low or low-income family; and WHEREAS, Community Redevelopment Agency staff have inspected the property and determined that a portion of said property could provide housing stock for the very low and low-income categories as requited by the Comprehensive Housing Affordability Strategy as required by HUD, as well as the Agency's own Five Year Implementation Plan and the state-imposed Regional Housing Needs Assessment; and WHEREAS, the parties have deemed that it is in their mutual best interest to have the Agency acquire the property for its housing inventory, and to effectuate those purposes the Agency, through Agency Counsel, has prepared an Agreement for the Purchase and Sale of Real Property, a draft of which is attached hereto as Exhibit "B," and which agreement is to be prepared in a form approved by Agency Counsel; WHEREAS, the Agency wishes to acquire the Property pursuant to the guidelines set forth in Government Code Sections 7267 et seq.. To that end, the Agency has ascertained the fair market value of the Property based on Owner's purchase price and costs of improving the Property, and secured a preliminary title report confirming Owner's title to the Property; WHEREAS, the purchase of the Property is categorically exempt from the requirements of the California Environmental Quality Act("CEQA") under 14 California Regulations Section 15280; and WHEREAS, the Agency has published notice of the public hearing for September 1, 1999 at 7 p.m. for consideration of the acquisition of real property. NOW, THEREFORE, BE IT RESOLVED by the Community Redevelopment Agency of the City of Palm Springs as follows: SECTION 1. The Agency hereby approves purchase of the property, which is specifically deed as Exhibit "A", and as set forth under the Agreement for the Purchase and Sale of Real Property, a draft of which is attached hereto as Exhibit "B", which agreement shall be subject to final preparation in a form acceptable to the Agency Counsel. SECTION-2- The Agency hereby finds that the acquisition of the above-referenced Property for the collective amount of$13,000 is in the public interest and represents the fair market value of the property. SEC77ON 3. The Agency hereby finds that the acquisition of the Property was made in accordance with the guidelines under California Government Code Section 7267 et seq. SECTION 4. The Agency Counsel is authorized to prepare the Agreement for Purchase and Sale of Real Property and such additional documents as may be required to effectuate and complete the transaction to purchase the property. SECTION 5. The Agency finds that the purchase of the property is categorically exempt from the requirements of the California Environmental Quality Act("CEQA") under 14 California Regulations Section 1528o; SECTION 6. The Executive Director is authorized to execute all documents approved by the Agency Counsel which are required to complete the purchase. ADOPTED this day of , 1999. AYES: NOES: ABSENT: ATTEST: COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA By Assistant Secretary Chairman REVIEWED AND A1WROVED: EXHIBIT"A" TO RESOLUTION LEGAL DESCRIPTION OF THE PROPERTY LOT 50 OF THE DESERT HIGHLAND ESTATES,AS SHOWN BY MAP ON FILE IN BOOK 24 PAGES 53 AND 54 OF MAPS,RECORDS OF RIVERSIDE COUNTY, CALBORNM