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Home My WebLink About8/1/2001 - STAFF REPORTS (20) DATE: AUGUST 1, 2001 TO: CITY COUNCIL FROM: DIRECTOR OF REDEVELOPMENT SETTING A DATE FOR THE PUBLIC HEARING FOR THE SALE OF A 7,840 SQUARE FOOT CITY-OWNED PARCEL TO BURNETT DEVELOPMENT COMPANY RECOMMENDATION: It is recommended that the City Council approve the resolution expressing the intent to sell and setting the date to hold a public hearing for the sale of a City- owned 7,840 square foot parcel near Via Olivera and Indian Canyon Drive, to Burentt Development Company. SUMMARY: In March 2001 the City of Palm Springs received an offer from Burnett Development Company on a parcel of 7,840 square feet, near Via Olivera and the Whitewater Water Company easement. After some discussion, Council agreed to sell the parcel for appraised value. Staff received the appraisal on June 6, 2001 from Paul W. Wagner, a local appraiser. The appraised price is$10,000. California Government Code Section 37421 et. seq. requires that the City first set a date of the public hearing at which the public may make testimony regarding the sale. This resolution sets the Public Hearing date for September 5, 2001. BACKGROUND: This resolution sets a public hearing date for the sale of a City-owned parcel to Burnett Development Company of Newport Beach, CA. The developer has made an offer and the Council asked that an appraisal of the parcel be conducted. The appraisal was received on June 6, 2001 and was for$10,000. The developer has offered that amount. This action is part of a three-step process in selling City-owned parcels: (1) Council directs the negotiator as to price and terms in Closed Session; (2) Council adopts a resolution expressing its intention to sell the property and setting the date of the Public Hearing, and the City publishes a notice of Public Hearing; and (3) Council approves the Agreement for Purchase and Sale of Real Property, as well as a resolution accepting the terms of the sale. The attached resolution is Step 2 in this process. The listed sale price was determined by an MAI appraisal conducted by Mackenzie Wagner&Associates of Palm Desert. The price is fair market value, The process meets the requirements of Resolution 14527, which requires that the City sell all land at fair market value. The sale of this parcel meets the other tests of Resolution 14527: 49,904 1. There is no foreseeable present or future use of the property for City purposes. 2. The property cannot be leased or rented for its highest and best use at fair market rental. 3. The City's need for immediate liquidation, for cash, of such property-- at its fair market value -- is greater than its need for developing continuing revenue for �the lease of such propert, . l ''` ,A /J� JOH`N S. RMOND Director o edevelopm;�n' APPROVED�iz;:f City Man .ee% ATTACHMENTS: 1. Resolution Pursuant to Section 37421, et. seq. oZD*4 woe �'��'�;,, - ✓ .�9` No 9021 V'A CITY OF PALM SPRINGS RESOLUTION NO. 20142 �( i CC [[gy�pp (T,y 11 �! �C/t/" ✓ A A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM NM SPRINGS, PURSUANT TO �RFt'e.na t�-N-/ 37421 T. GOVERNMENT CODE SECTION Cyr 37421 ET. SEQ. FOR THE SALE OF CITY ^w} PROPERTY; AND NOTICE THEREOF WHEREAS, the City id desirous of selling certain proper[y located in the City of Palm Springs ('Sale Property"), and described in Exhibit A" of PROOFOF PUBLICATIONTI this Resolution, in accordance with Government Cade Section 37420 at.seq.; (2015.5.C.C.P) WHEREAS, the Cl y Council of the City Palm Springs has received an offer from Burnett Devel- opment Company ("Burnett") to purchase this CRy-owning property, including the Sale Property; WHEREAS, pursuant to Govern m ant Code Sec- tion 37421, poisons wishing to protest the sale of the Sale Property must present testimony at the time and place designated herein for the hearing to consider the sale of the Sale Property or sub- mit written statements pretesting the sale with the City Clerk prior to such hearing; WHEREAS, the notice of the public hearing for September 5, 2001 at 7 p.m for consideration of the sale of the Sale Property is uses pursuant to California Government Code Sections 37421, 37422 and 37423, WHEREAS,the publication of the notice of public hearing describing the proposed sale of the Sale STATE OF CALIFORNIA Property is made pursuant to Government Code Sections 37422 and 37423 by circulation in a dai- County of Riverside �lyr�rynewspaper published and circulated in the City F posted for no -I to. i ten days d- aaSt - - - - - -- - - - — t ree sonsp;cuous places upon each parcel of property affected NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs, as follows: SECTION 1.The public hearing on the sale of the Sale Property shall be set for September 5, 2001 at 7 p m. in accordance with Government Code , Sections 37421, 37422 and 37423. SECTION 2. Notice of the ublic hearing to ca lion a citizen of the United States and a resident of older the Sala of the Sale I'p n- i operty shall be pub- lished at least once In a daily newspaper pub- the County aforesaid;I am over the age of eighteen limed and circulated in the City, and posted for not less than ten days in at least three conspicu- years,and not a party to or interested in the y as upon each parcel of property affected b above-entitled matter.I am the principal clerk of a by the s Sala. printer little,DESERT SUN PUBLISHING SECTION 3. Protests to the sale of the Sale Property er of circulation, shall be presented at the hearing or sub- COMPANY a newspaper l cilation rmued�n writing to the City Clerk before the hear- p p g fag at the time and date set forth herein printed and published in the city of Palm Springs, SECTION 4. Final action by the City uppon the County of Riverside,and which newspaper has been seta of the Sale Propertyy shall be set for rile hear- ing on September 5,2001,or such time thereafter adjudged a newspaper of general circulation by the as may be set by the City Council. Superior Court of the County of Riverside,State of ADOPTED this tat day of August,2001. California under the date of March 24,1988,Case AYES Members Hodges, ,tones, Oder, Better- Number 191236;that the notice,of which the gin and Mayor Kleindienst NOES: None annexed is a printed copy(set in type not smaller ABSENT: None than non pariel,has been published in each regular ATTEST: CITY OF PALM SPRINGS,CALIFORNIA and entire issue of said an newspaper and not in By/e/Patricia A Sanders /a/David H.Ready y City Clerk City Manager supplement thereof on the following dates,to wit: REVIEWED & APPROVED AS TO FORM August 9th _ - -- EXHIBIT "A^ --------------------------------------------------- LEGAL DESCRIPTION OF THE VIA OLIVERA PARCEL ---- _ -_------------------_-_---- The Land is that certain real property-located in the City of Palm Springs, CounT of Riverside_ State of California, more particularly described as fellows All in the year 2001 CERTAIN REAL- PROPERTY IN 711E CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, I certify(Or declare)under penalty Of perjury that the STATE OF CALIFORNIA; foregoing is true and correct. THAT PORTION OF THE SOUTHEAST'QUARTER g g 9th EAST,SECTION BERNA DIINOI BASE ANDMERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, Dated at Palm Springs,California this--------------day DESCRIBED AS FOLLOWS: August COMMENCING AT THE SOUTHEAST CORNER 2001 OF SAID SECTION 3; THENCE NORTH OOde- of----- --------------------------- ------ greesI V EAST, 1986.39 FEET, TO A POINT ON THE EAST LINE OF SAID SECTION 3, THENCE SOUTH 89de rees57' WEST, 428.80 FEET TO - = 4 THE TRUE POINT OF BEGINNING, SAID POINT BEING ON THE WEST LINE OF THE WHITEWA- _____ _ALt`>=1-e--- - ------------ ------------ TER MUTUAL WATER COMPANY'S R.O W.; THENCE NORTH 12dprees 1' WEST 21.12 Signature FEET: THENCE NORTH 15degreesO6' WEST, 26699 FEET; THENCE NORTH 18degrees 32' WEST 87.93 FEET, THENCE NORTH 89degrees 38' WEST, 143.42 FEET; THENCE SOUTH �Ode- g;ees 11' WEST, 50 FEET, THENCE SOUTH 89deyrees 38' EAST 128.90 FEET; THENCE SOUTH 18degrees 32' EAST, 42.70B FEET; THENCE SOUTH 15de rees 06' EAST, 24962 FEET, THENCE SOUL 89degreea 57' WEST, 20826 FEET; THENCE SOUTH 00degrees 11' WEST 30 FEET; THENCE NORTH 89degrees 9T EAST,24618 FEET TO THE TRUE POINT OF B'[F- GINNING. PI ` a i , 9 ""1 RESOLUTION NO. 20142 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 37421 ET. SEQ. FOR THE SALE OF CITY PROPERTY; AND NOTICE THEREOF WHEREAS, the City is desirous of selling certain property located in the City of Palm Springs ("Sale Property"), and described in Exhibit "A" of this Resolution, in accordance with Government Code Section 37420 et seq.; WHEREAS, the City Council of the City Palm Springs has received an offer from Burnett Development Company('Burnett')to purchase this City-owning property, including the Sale Property; WHEREAS,pursuantto Government Code Section 37421, personswishing to protest the sale of the Sale Property must present testimony at the time and place designated herein for the hearing to consider the sale of the Sale Property or submit written statements protesting the sale with the City Clerk prior to such hearing; WHEREAS,the notice of the public hearing for September5,2001 at 7 p.m.for consideration of the sale of the Sale Property is made pursuant to California Government Code Sections 37421, 37422 and 37423, WHEREAS,the publication of the notice of public hearing describing the proposed sale of the Sale Property is made pursuantto Government Code Sections 37422 and 37423 bycirculation in a daily newspaper published and circulated in the City and posted for not less than ten days in at least three conspicuous places upon each parcel of property affected, NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs, as follows: SECTION 1. The public hearing on the sale of the Sale Property shall be set for September 5, 2001 at 7 p.m. in accordance with Government Code Sections 37421, 37422 and 37423. SECTION2. Notice of the public hearing to consider the sale of the Sale Property shall be published at least once in a daily newspaper published and circulated in the City, and posted for not less than ten days in at least three conspicuous places upon each parcel of property affected by the sale. SECTION 3. Protests to the sale of the Sale Property shall be presented at the hearing or submitted in writing to the City Clerk before the hearing at the time and date set forth herein. a0i SECTION 4. Final action by the City upon the sale of the Sale Property shall beset for the hearing on September 5, 2001, or such time thereafter as may be set by the City Council. ADOPTED this day of 2001. AYES: NOES: ABSENT: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By City Clerk City Manager REVIEWED &APPROVED AS TO FORM EXHIBIT "A" LEGAL DESCRIPTION OF THE VIA OLIVERA PARCEL The Land is that certain real property located in the City of Palm Springs, County of Riverside, State of California, more particularly described as follows: CERTAIN REAL PROPERTY IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA; THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 3,TOWNSHIP 4 SOUTH, RANGE 4 EAST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 3; THENCE NORTH 00° 11' EAST, 1986.39 FEET, TO A POINT ON THE EAST LINE OF SAID SECTION 3; THENCE SOUTH 890 57'WEST,428.80 FEETTOTHETRUE POINTOF BEGINNING,SAID POINT BEING ON THE WEST LINE OFTHE WHITEWATER MUTUAL WATER COMPANY'S R. O. W.; THENCE NORTH 12° V WEST 21.12 FEET; THENCE NORTH 15' 06' WEST, 266.99 FEET; THENCE NORTH 18' 32' WEST 87.93 FEET; THENCE NORTH 89' 38' WEST, 143.42 FEET; THENCE SOUTH 00° 1 V WEST, 50 FEET;THENCE SOUTH 89° 38' EAST 128.90 FEET;THENCE SOUTH 18°32'EAST,42.70 FEET;THENCE SOUTH 15°06' EAST,249.62 FEET; THENCE SOUTH 89°57'WEST,208.26 FEET;THENCE SOUTH 00° 11'WEST 30 FEET;THENCE NORTH 89°57'EAST,246.18 FEETTO THE TRUE POINT OF BEGINNING. aoA3