HomeMy WebLinkAbout9/5/2001 - STAFF REPORTS (7) 1;
DATE: September 5, 2001
TO: City Council
FROM: Assistant City Manager- Special Projects
AIRPORT ACQUISITION PROGRAM - MACIAS RESIDENCE
RECOMMENDATION:
It is recommended that City Council approve an Acquisition of Real Property
Agreement with Jesse & Karen Macias for the residence located at 4440 E. Calle de
Ricardo in the amount of$87,000, plus closing costs.
SUMMARY:
This action would authorize the acquisition of the Macias residence by the Airport
pursuant to terms and conditions previously authorized in Closed Session by City
Council.
BACKGROUND:
The Airport's property acquisition program includes several homes south of Ramon
Road. The Macias residence, at 4440 E. Calle de Ricardo, is one of those properties.
The purchase price of$87,000 was agreed to based on the following:
Appraisal $64,000
CPI Adjustment 3,000
Avoided Legal 20,000
Total Price $87,000 plus closing costs
A Minute Order is attached for the City Council's consideration. Funds for this
acquisition are 90% federal and 10% Airport from account #415-6600-56042, Land
Acquisition.
ALLEN F. SMOOT, AAE
Assistant City Manager- Special Projects
APPROVED:
City Manager
ATTACHMENTS:
1. Minute Order
2. Purchase Agreement
REVIEWED BY DEFT.OF FINANCE
Palm Springs Regional Airport
Assessor's Parcel No. 680-073-006
ACQUISITION OF REAL PROPERTY
AGREEMENT
THIS AGREEMENT is entered into on this _/s} dayof 2001, b and
Y
between the CITY OF PALM SPRINGS, A MUNICIPAL CORPO ION (hereinafter called
"City"), and JESSE MACIAS AND KAREN MACIAS, HUSBAND AND WIFE AS JOINT
TENANTS (hereinafter called "Grantor"), for acquisition by City of certain real property interests
as hereinafter described.
WHEREAS, City desires to acquire all of Grantor's right, interest, and title in and to the
Grantor's real property; and
WHEREAS, Grantor desires to sell to City said real property interests; and
WHEREAS, in compliance with the Eminent Domain Laws of the State of California, City has
established an amount believed to be just compensation for said property interests and has advised
Grantor of the basis for its determination of just compensation; and
WHEREAS, Grantor has accepted City's offer as fair and just compensation for the hereinafter
described real property interests and acknowledges said compensation is no less than fair market
value.
NOW, THEREFORE, IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES
HERETO AS FOLLOWS:
I. AGREEMENT TO SELL AND PURCHASE
Grantor agrees to sell to City, and City agrees to purchase from Grantor, upon the terms
and for the consideration set forth in this Agreement, fee simple marketable title in and to the
following described Property (hereinafter call "Property")
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MAP ON FILE IN BOOK 21 PAGES(S) 100, RECORDS OF RIVERSIDE
COUNTY, CALIFORNIA.
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2. PURCHASE PRICE
The total purchase price, payable in cash through escrow shall be the sum of EIGHTY
SEVEN THOUSAND DOLLARS($87,000.00). Grantor hereby acknowledges that the purchase
price is a total settlement which includes any and all claims Grantor may be entitled to by reason
of the investigations, planning, precondemnation activity, and acquisition of the Property by City,
including, but not limited to, value of real property rights, severance damages, value of
improvements pertaining to the Property, if any, compensation for loss of goodwill, if any,
precondemnation damages, interest, costs,disbursements and expenses incurred in connection with
the acquisition of the subject property and improvements pertaining to the Property, if any,
subsequent removal of any items retained by Grantor, and the establishment, construction,
operation, and maintenance of the project for which the Property is being acquired by the City.
Grantor hereby waives and releases City and its officers, employees and agents from and
against any and all claims, actions demands and suits relating to any of the foregoing. This
release extends to all such claims which now exist or which may arise in the future, whether or
not such claims are known to Grantor, and Grantor hereby expressly waives his rights under
California Civil Code Section 1542 which provides as follows:
"1542, General Release; extent
a general release does not extend to claims which the creditor does not know or
suspect to exist in his favor at the time of executing the release, which if known
by him must have materially affected his settlement with the debtor."
Payment under this Agreement shall be made after City obtains a standard CLTA policy
of title insurance showing fee simple marketable title as identified in Paragraph 3 below.
3. ESCROW AND TITLE INSURANCE
City agrees to open an escrow in accordance with this Agreement at Stewart Title of
California- Escrow Department, Palm Desert, California. City agrees to pay all usual fees,
charges and costs which arise in the escrow.
When Escrow Holder holds for City the Grant Deed in favor of City executed and
acknowledged by Grantor covering the Property, Escrow Holder shall cause to be issued and
delivered to City, as of the Closing Date, a CLTA standard coverage policy of title insurance or,
upon City's request therefor, an ALTA standard or extended coverage policy of title insurance
("Title Policy"), issued by Stewart Title, with liability in the amount of the purchase price,
covering the Property and showing title vested in City free of encumbrances, except:
(a) All non-delinquent general and special real property taxes and assessments for
the current fiscal year;
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(b) The standard printed exceptions and exclusions contained in the CLTA or
ALTA form policy;
(c) Any exceptions created or consented to in writing by City, including without
limitation, any exceptions arising by reason of City's possession of or entry on the Property.
City agrees to pay the premium charged therefor.
4. INDEMNIFICATION FOR UNRECORDED INTERESTS
Upon title vesting in City, Grantor warrants that there are no unrecorded encumbrances
(including but not limited to liens, leases, easements, or licenses) on all or any portion of the
Property, and Grantor agrees to hold the City harmless, defend, and indemnify the City for any
and all of City's losses and expenses, including reasonable attorney fees, occasioned by reason of
any such encumbrance of said Property.
5. ACQUISITION BY STIPULATED JUDGMENT IN LIEU OF DEED
In the event Grantor is unable to deliver title in a reasonable time in accordance with the
terms of this Agreement, the City may file an action in eminent domain to pursue the acquisition
of the Property. Grantor agrees to waive all claims and defenses to such an action and agrees that
this contract shall constitute a stipulation which may be filed in such action as final and conclusive
evidence of just compensation for the acquisition, including all of the items provided in Chapter
9, Title 7 of the Code of Civil Procedure commencing with Section 1263.010.
6. CONSENT TO DISMISSAL OF CONDEMNATION
Grantor hereby agrees and consents to the dismissal of any eminent domain action which
may be filed by the City to acquire said Property and waives any and all claim to money that may
be deposited in the Superior Court in such an action, and any claim for any compensation for the
City's acquisition of the Property, apart from payment of the purchase price, and any claim to any
other damage, litigation cost or expense, attorney fees or fees of appraisers, engineers, or other
experts, or any other damage or claim to payment.
7. CONVEYANCE OF INTEREST
Grantor agrees to convey by Grant Deed to City title in and to said Property as described
in Section 1 of this Agreement.
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8. HAZARDOUS MATERIALS
It is understood that the Property does not appear to contain hazardous substances (as that
term is defined under California Health and Safety Code Section 33459(b) including but not
limited to gasoline/oil storage tanks, fertilizer or pesticide storage tanks, or any contaminant
("Contamination"). In the event that any facts or circumstances arise which indicate the presence
of such contamination, the City reserves the right to rescind and revoke this Agreement at any
time prior to close of escrow. Further, in the event the City discovers such soil contamination after
it acquires the Property, the City reserves all rights and remedies it may have against Grantor and
all prior owners to seek damages or other remedies in connection with any remediation or other
obligations the City incurs as a result of the contamination, as may be permitted or authorized by
any law, including but not limited to CERCLA (42 U.S.C. §9601 et seq.), RCRA (42 U.S.C.
§6901 et seq.), the Hazardous Waste Control Law (California Health & Safety Code Section
25100, et seq.), the Porter Cologne Act(California Water Code Section 13000 et seq.) California
Health&Safety Code Sections 25280 et seq. and 33459 et seq., and the provisions of Proposition
65.
9. POSSESSION OF PROPERTY
It is agreed and confirmed by the parties hereto that notwithstanding other provisions in
this Agreement, the right of possession and use of the Property by the City, including the right
to remove and dispose of improvements, shall commence on the close of escrow controlling this
transaction.
10. COUNTERPARTS
This Agreement may be executed in counterparts, each of which so executed shall,
irrespective of the date of its execution and delivery, be deemed an original, and all such
counterparts together shall constitute one and the same instrument.
11. ATTORNEYS' FEES
In the event any legal action is brought to enforce the terms of this Agreement or to
recover damages for its breach, the prevailing party shall be entitled to reasonable attorneys' fees
therein as well as attorney's fees incurred in enforcing any judgement pertaining thereto.
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12. NOTICES
Any notices or documents to be mailed or delivered shall be addressed to or delivered as
follows:
Grantor: Jesse Macias
Karen Macias
360 Peterson Rd.
Rancho Mirage, CA 92270
City: City of Palm Springs
3400 E. Taquitz Canyon Way
Palm Springs, CA 92263
Attn: Al Smoot, Director of Transportation
13. BINDING ON HEIRS AND ASSIGNS
The terms, conditions, covenants and agreements set forth herein shall apply to and bind
the heirs, executors, administrators, successors and assigns of the parties hereto.
14. ENTIRE AGREEMENT
This Agreement contains the entire agreement between the parties, and neither party relies
upon any warranty, promise, representation, or agreement not contained in writing herein. This
agreement may only be amended in writing, by instrument signed by both parties.
15. TIME OF THE ESSENCE
Time is of the essence of this agreement and each party shall promptly execute all
documents necessary to effectuate the intent herein and shall perform in strict accordance with
each of the herein above provisions.
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16. NO WAIVER OF CONDITIONS OF APPROVAL
Nothing in this agreement shall be construed as a waiver of any of the conditions of any
approval granted or adopted in connection with the property or any larger parcel or parcels of
land of which the property is a part, including, but not limited to, any condition imposing an
obligation to reimburse the City or others for the costs of construction, operations, maintenance,
or right of way for public improvements nor shall anything in this Agreement affect any
assessment, special assessment, tax, user charge, or other fee or charge imposed by the city or any
other public entity.
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IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first written
above.
GRANTOR: CITY:
Jesse and Karen Macias CITY OF PALM SPRINGS,
A MUNICIPAL CORPORATION
sse Macias
By:
en Macias
By:
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
RECOMMENDED FOR APPROVAL:
1998 _7_
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EXHIBIT A
Legal Description
LOT 5 OF AMENDED MAP OF VAL VISTA TRACT, AS SHOWN BY MAP ON FILE
IN BOOK 21 PAGES(S) 100, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
461
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ACQUIRING AGENT'S CERTIFICATION
1.The attached acquisition contract embodies all of the considerations agreed upon between the
undersigned and the property owner.
2.The attached acquisition contract was obtained without coercion, promises other than those
shown in the contract, or threats of any kind whatsoever by or to either party.
3.I have no direct or indirect present or contemplated future personal interest in the property
being acquired or in any way benefit from the acquisition of subject property.
By:
Acquiring Agent
Date:
MINUTE ORDER NO. 6918
APPROVING AN ACQUISITION OF REAL
PROPERTY AGREEMENT WITH JESSE AND
KAREN MACIAS, IN THE AMOUNT OF $87,000
PLUS CLOSING COSTS, FOR THE PROPERTY
LOCATED AT 4440 EAST CALLE DEL RICARDO.
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I HEREBY CERTIFY that this Minute Order, approving an acquisition of real
property agreement with Jesse and Karen Macias, in the amount of$87,000 plus
closing costs, for the property located at 4440 East Calle Del Ricardo, was
adopted by the City Council of the City of Palm Springs, California, in a meeting
thereof held on the 5th day of September, 2001.
PATRICIA A. SANDERS
City Clerk
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