Loading...
HomeMy WebLinkAbout2010-06-22 - AGENDA REPORTS - 23610 NEWHALL AVE ACQUISITION (2)CONSENT CALENDAR DATE: SUBJECT: DEPARTMENT Agenda Item: v CITY OF SANTA CLARITA AGENDA REPORT City Manager Approval Item to be presented by June 22, 2010 �j Armine Chaparyan ACQUISITION OF EXCESS CALTRANS PROPERTY AT 23610 NEWHALL AVENUE - APN 2833-016-900 Community Development RECOMMENDED ACTION: City Council: 1. Adopt a Resolution authorizing the acquisition of 23610 Newhall Avenue, Santa Clarita, CA 91321 from Caltrans. 2. Transfer $1,044,123 from account 13103-5161.001 Contractual Services to account 13103-5201.004 Land. 3. Authorize the expenditure of $1,044,123 in Neighborhood Stabilization 1 (NSP 1) grant funds from account 13103-5201.004 and authorize the City Manager or designee to approve payments up to a maximum amount of $1,044,123 in NSP1 funds for the acquisition. 4. Authorize the expenditure of $52,000 in Community Development Block Grant (CDBG) funds from account 13331-5201.004 and authorize the City Manager or designee to approve payments of up to a maximum of $52,000 in Community Development Block Grant funds for the acquisition. 5. Authorize the City Manager to execute all required documentation to complete the acquisition of 23610 Newhall Avenue, Santa Clarita, CA 91321 (Assessor Parcel Number 2933-016-900), subject to review by the City Attorney. Adopted:, Fes,e toy BACKGROUND In July 2009 Caltrans determined that an underutilized park and ride lot at 23610 Newhall Avenue, (commonly called the Oak Creek parcel), was excess and could be sold to the City. Government Code Sections 54220 through 54227 allow for the sale of the Caltrans property for only two specific uses: a transportation use or the development of affordable housing. Caltrans has agreed to sell the property to the City for the appraised value of $1,096,000 for use in the development of a future affordable housing development.. The attached resolution outlines the limitations and requirements of the sale and a map of the parcel is attached. As a requirement of the purchase of the Oak Creek lot, the City has agreed to accept the relinquishment of two active Caltrans park and ride lots located further south on Newhall Avenue. As part of the relinquishment agreement Caltrans will provide funds to bring the two park and ride lots up to Santa Clarita maintenance standards. The exact terms of the. relinquishment are still in negotiation and it is anticipated that the relinquishment will take place in a separate action later in 2010. A map of the two parcels is attached. The funding for the purchase of the Oak Creek parcel would come from two sources; Neighborhood Stabilization Program 1 (NSP 1) grant funds from the State of California Housing and Community Development (HCD) Department; and 2010-2011 Community Development Block Grant (CDBG) funds. Acquisition of property for the purpose of developing affordable housing are allowable uses for both funding sources. The use of NSP 1 funds for the purchase of the Caltrans lot has been approved by HCD and the CDBG Annual Action Plan specifically identifies funding for affordable housing as a goal for 2010-2011. ALTERNATIVE ACTIONS 1. Other actions as determined by the City Council. FISCAL IMPACT Funding for the acquisition comes from special funds as indicated in the Recommended Action section of this staff report. Administrative costs associated with the acquisition are paid from dedicated NSP1 and CDBG administrative funds. The acquistion has no impact on the General Fund. ATTACHMENTS Site Maps Purchase Agreement Resolution 541 •1-A— '+•0,. �z S 1"` r iY. � 3� •t „ �`a f 1 '} r a. t` auk, r _ � �;. {,1 T � -4x� r.• - •'1 �! � P �`_`•�� � �,. FAL, �.i'^ '� y���� y �' �. j, M � `�' L•t � Y. r .1's:"`f� ��, F = + t.. r� � • �� h .-n_ �� �Fr � �r � _j'_ y �� F� �"� � �`�- 4 f '��`�� � �.�� '.f5� �� }-.moi• a . K .+. ✓' :* Nit `� ✓ �C ✓ C ,;a z� Z � i t r :� Y 1F arr' �ro�1 l r 2 tnz ti A :8 6 `�, �..-y;•�4cyW:,�.hr��7 3h tip=' .r' '� �' � F�2 7` �i �; � Cy Xi `.,� l �'-F r r� �"``� � �t�, ,��.-w,,, ��`-ted'- � •:�:t �'�•� "� r`' ' r y` ti. 4r, fi !p r�'j raj atik 1. :IL (�.-� T �f ..y •,'• ' r-,��'�-""•e�. L ayiA K }..t �'� t �`� f � �••'•' �,r i�� �yi �`b�. -A `- � .�=�••) �r � •g�; s� ''�r�;� C�4Rf T ��-,}•''f � p, Y�� `a.,s�f'�y�� 7 f .{a Z- 431 NO tt""�i?�� .��y `y/{�� y�l� ..' tZ.j`��• r} {� ' � �,- �",; r` "�-�.���7 i Ger. � k ^�"7f�rsF `jam+ `�'t�i��' _ 'Y` ` +•'X c$.r:3 1 �x 4 *` �`+ t 7 •yam -ti --- r/�D' STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION PURCHASE AND SALE AGREEMENT - REAL PROPERTY - DD# 067721-01-01 In this Agreement dated June 22, 2010, by and between City of Santa Clarita, hereinafter known as "Buyer" and STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION, hereinafter known as "Seller", the parties agree as follows: For the sum of One million ninety six thousand Dollars, ($1,096,000.00); Buyer hereby agrees to purchase and Seller hereby agrees to sell: See attached Directors Deed DD 067721-01-01 Subject to the following conditions: I Buyer agrees to tender with this agreement a non-refundable deposit of 10% or One Hundred Nine Thousand Six Hundred Dollars, ($109,600.00). This deposit is due on or before August 4, 2010. The balance of the purchase price, Nine Hundred Eighty Six Thousand Four hundred Dollars ($ 986,400.00) shall be paid on or before September 29, 2010. All payments shall be made to State of California, Department of Transportation, and mailed to State of California, Department of Transportation, R/W Excess Land Sales, 100 South Main Street, MS -6, Los Angeles, CA 90012. II The governing body of your agency must provide a resolution that states the property will be used for specific public purposes. "Public purposes" means the preponderant area of the property shall be substantially for government, as opposed to proprietary functions. The intended specific use of the property shall be stated in the resolution, and conforms to Government Code Sections 54220 through 54227. III All sales made subject to the approval of the California Transportation Commission, (CTC). In the event that the California Transportation Commission fails to approve this sale, all monies heretofore paid by the Buyer will be refunded without interest. IV The Seller is willing to process this sale at no charge to the Buyer, except for the items set forth in paragraph V below. Buyer, at its option, may open an escrow at its own expense. The Seller will pay no escrow fees. V The Buyer agrees to pay any and all recording fees, documentary stamp tax and monumentation fees chargeable by the County Recorder. At a later date, the Seller will request that these fees are forwarded, and Buyer shall submit to the Seller upon demand. VI The Buyer expressly understands that the right, title and interest in the Property to be conveyed shall not exceed that vested in the State of California and that the Seller will furnish no policy of title insurance. If a policy of title insurance is desired, the Buyer shall obtain one, at the Buyer's expense. Page l of 3 STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION PURCHASE AND SALE AGREEMENT - REAL PROPERTY - DD# 067721-01-01 VII The Property is being sold "as is" and is being conveyed subject to any special assessments, restrictions, reservations or easements of record and subject to any reservations contained in the Director's Deed. Buyer may examine any information the Seller has relative to these matters. VIII In the event suit is brought by either party to enforce the terms and provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees. The Buyer agrees that the title of the Property being conveyed shall not pass until the Director's Deed has been recorded. The Buyer shall not take possession of the Property until the director's Deed is recorded. IX Buyer shall defend, indemnify, and hold Seller and Seller's elected and appointed officers, agents and employees free and harmless from and against any and all liabilities, damages, claims, costs and expenses (including without limitation, attorney's fees, legal expenses and consultant's fees, and investigation and remediation costs) arising in whole or in part from the existence of hazardous substances, or hazardous substance conditions. This indemnity is intended to address that liability for which Seller may be responsible arising solely out of its mere ownership of said real Property. This provision shall survive transfer of title to said real Property and any rescission of said transfer. "Hazardous Substance" shall mean any substance whose nature and/or quantity of existence, use, manufacture, disposal of effect, render it subject to federal, state or local regulation, investigation, remediation or removal as potentially injurious to public health or welfare, including the Comprehensive Environmental Response Compensation and Liability Act or Resource Conservation and Recovery Act as now in effect. "Hazardous Substance Condition" shall mean the existence on or under, said Property of a hazardous substance that requires remediation and / or removal and / or to be otherwise mitigated pursuant to applicable law. X It is expressly made a condition herein that the conveyed property be used exclusively for public purposes for a period of fifteen (15) years from the recorded date of this deed; that if said property ceases to be used exclusively for public purposes during this fifteen (15) -years period, all title and interest to said property shall revert to the State of California, Department of Transportation, and that the interest held by the grantee(s), named herein, or its/their assigns, shall cease and terminate at such time. It is understood and agreed by the grantee(s), herein named, and its/their assigns, that the foregoing provision constitute a divestiture and will cause all interest to revert to the State of California, Department of Transportation, if the conveyed property ceases to be used for public purposes. XI Notwithstanding any other provision of this Contract, the Buyer shall have no obligation to purchase the Property, and no transfer of title to the Buyer may occur, unless and until the Buyer has provided the Seller with a written determination, on the basis of a federally required environmental review and an approved request for release of federal funds, that purchase of the property by Buyer may proceed, subject to any other Contingencies in this Contract, or may proceed only if certain conditions to address issues in the environmental review shall be satisfied before or after the purchase of the property. The Buyer shall use its best efforts to conclude the environmental review of the property expeditiously. Page 2 of 3 STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION PURCHASE AND SALE AGREEMENT REAL PROPERTY - DD# 067721-01-01 The terms and conditions of the above agreement are hereby accepted, subject to the approval of the California Transportation Commission. BUYER: City of Santa Clarita Title: (Signature) Date: (Print Name) SELLER: STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION Date: VINCENT LUNDBLAD, Chief Excess Land Sales District 7 Office of Right of Way Page 3 of 3 1 Recording Requested by DEPARTMENT OF TRANSPORTATION When recorded, Mail to: STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION District 7, Design Division Office of R/W Engineering 100 South Main Street, MS 13 Los Angeles, CA 90012 RWPS: D. Wells R/W Map No. P24068-1-4 Written by: J.M. Date: December 7, 2009 Checked by: F.C. East of San Fernando Rd. South of Valle Del Oro Mai District County Route Post Number 07 LA 126 PM 11.63 DD 67721-01-01 The STATE OF CALIFORNIA, acting by and through its Director of Transportation, does hereby grant to all that real property in the City of Santa Clarita , County of Los Angeles , State of California, described as: That portion of Lot 1 of Tract No. 2703, as per map recorded in Book 28 page 20, et seq., of Maps, in the office of the County Recorder of said county, as acquired by the State of California in Quitclaim Deed (State Parcel 67721), recorded November 29, 1979 as Document No. 79- 1339352 of Official Records in said office. i EXCEPT therefrom that portion within Parcel 1 of DEED -HIGHWAY No. 39, recorded September 17, 1934, in Book 13003, page 118 of Official Records in said office, and relinquished to the City of Santa Clarita by Resolution No. R3531 of the California Transportation Commission in Segment 1 of (Rel -1219) recorded October 17, 2002, as Document No. 02-2445161 of Official Records in said office, and as shown on map recorded September 9, 2002, Index No. 02-211121.4 in Book 1, page 90 of State Highway Maps. RESERVING. unto the State of California its successors and assigns an easement for drainage purposes, upon, over, across and through that portion of the above-described land, lying Southeasterly of the following described line: MAIL TAX STATEMENTS TO: Form RW 6-1(S) (Revised 01/2008) Page 1 of 3 g Number DD 67721-01-01 BEGINNING at the Southeasterly terminus of that certain course described as S 51'44'55" E, 47.29 feet, on the Northeasterly boundary of said State Parcel 67721; THENCE along said certain course on a different basis of bearing, N 51014'08" W, 25.49 feet; THENCE leaving said Northeasterly boundary, along a line parallel with the Southeasterly boundary of said State Parcel 67721, S 27°33'48" W, 304.66 feet; THENCE S 36°51'04" W, 59.12 feet to the Northeasterly boundary of said Parcel 1 of DEED -HIGHWAY No. 39 and END OF HEREIN DESCRIBED LINE. TOGETHER with all rights of ingress and egress to and from said lands; provided, however, that grantee, his successors and assigns, may use the surface of the above-described easement area, without, however, the right to build permanent structure thereon. There shall be no abutter's rights of access appurtenant to the above-described real property in and to the adjacent State Freeway. This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors' Act. Signature L' ensed Land Surveyor Date g �tZO o DD 67721-01-01 Z_ LAN S, A Mqo 9L�� O Exp, <�51S s�9�FLSs79a oP��P CAUF Form RW 6-1(S) (Revised 0112008) Page 2 of 3 /i i Number di DD 67721-01-01 Subject to special assessments if any, restrictions, reservations, and easements of record. This conveyance is executed pursuant to the authority vested in the Director of Transportation by law and, in particular, by the Streets and Highways Code. WITNESS my hand and the seal of the Department of Transportation of the State of California, this day of 20 APPROVED AS TO FORM AND PROCEDURE ATTORNEY DEPARTMENT OF TRANSPORTATION STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION Director of Transportation By Attorney in Fact State of California l SS ACKNOWLEDGMENT } County of JJJ On before me, , personally �Fl5re insert name and titleo e officer) who proved to me on the basis i of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged i 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) (This space reserved for CTC Certification) Form RW 6-1(S) (Revised 01/2008) Page 3 of 3 DEPARTMENT OF TRANSPORTATION - DISTRICT 07 RIGHT OF WAY ENGINEERING APPENDIX "B" See accompanying Plat or Transmittal for list of parcels. STATEMENT OF CONDITION OF TITLE The fee title to the parcel of land to be conveyed is vested in the STATE OF CALIFORNIA free and clear of all encumbrances except: A. 1. Easements or liens which are not shown by the public records (a) of the District Court of the Federal District, (b) of the County, or (c) of the City, in which said land or any part thereof is situated; 2. Rights or claims of persons in possession of said land which are not shown by those public records which impart constructive notice; 3. Any fact, rights, interests, or claims which are not shown by those public records which impart constrictive notice, but which could be ascertained by an inspection of said land, or by making inquiry of persons in possession thereof, or by a correct survey; 4. Mining claims reservations in patents, water rights, claims or title to water; 5. Any governmental acts or regulations restricting, regulating, or prohibiting the occupancy or use of said land or any building or structure thereon. B. The effect, if any, of the following liens, encumbrances, defects and other matters, to which said title is subject: SEE ATTACHED SHEETS 7 -RE -65 RESOLUTION 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, FINDING AND DETERMINING THAT THE PUBLIC INTEREST SUPPORTS THE PURCHASE OF CERTAIN SURPLUS PROPERTY FROM THE CALIFORNIA DEPARTMENT OF TRANSPORTION Section 1. The City Council of the City of Santa Clarita ("City") hereby finds, determines, and declares as follows: A. Government Code Section 54220 (a) reaffirms the declaration by the Legislature of the State of California that housing is of vital statewide importance to the health, safety, and welfare of the residents of the State and that provision of a decent home is a priority of the highest order and further that there is a shortage of sites available for housing for persons and families of low and moderate income and that surplus government land should be made available for that purpose; and B. The California Department of Transportation ("CalTrans"), subject to obtaining necessary approvals, is proposing to sell certain surplus property ("Property") to the City more particularly described in the Purchase and Sale Agreement ("Agreement") attached hereto as Exhibit "A" for the sum of One million ninety six thousand dollars ($1,096,000); and C. The City intends to use the Property for housing for persons and families of low and moderate income as provided by Government Code Section 54220 to 54227 and all other applicable laws; and D. The public interest, convenience and necessary support the proposed purchase of the Property by the City for low and moderate income housing; and E. Prior to the final purchase of said Property, the Planning Commission of the City will be required to find that the acquisition of the Property is consistent with the General Plan of the City. SECTION 2. The City Council of the City hereby declares its intention to purchase said Property in its name in accordance with the provisions of this Resolution and all applicable provisions of the laws of the State of California and further declares its intention to use the Property for housing for persons and families of low and moderate income as provided by Government Code Section 54220 to 54227 and all other applicable laws. SECTION 3. The City Clerk shall certify to the adoption of this Resolution. SECTION 4. This Resolution shall be effective immediately upon its adoption by the City Council of the City. l� PASSED, APPROVED, AND ADOPTED this day of 2010. MAYOR ATTEST: CITY CLERK t3 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) I, Sarah P. Gorman, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the day of 2010, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) CERTIFICATION OF CITY COUNCIL RESOLUTION I, , City Clerk of the City of Santa Clarita, do hereby certify that this is a true and correct copy of the original Resolution 10- adopted by the City Council of the City of,Santa Clarita, California on , 2010, which is now on file in my office. Witness my hand and seal of the City of Santa Clarita, California, this _ day of 2010. City Clerk By Deputy City Clerk