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CC Resolution 1991-095^#@6 II RESOLUTION NO. 91-95 RESQLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA APPROVING THE ACQUISITION OF CERTAIN REAL PROPERTY AND DETERMINING THAT THE USE OF THE PROPERTY FOR PUBLIC IMPROVEMENTS IS OF PUBLIC BENEFIT TO THE REDEVELOPMENT PROJECT AND THE IMMEDIATE NEIGHBORHOOD IN WHICH THE PROJECT IS LOCATED AND DETERMINING THAT THERE ARE NO OTHER REASONABLE MEANS OF FINANCING SAID PUBLIC IMPROVEMENTS WHEREAS, the City of La Quinta the City") desires to purchase real property described in the attached Escrow Instructions Exhibit A') the Agreement'*) in order to complete a street flood control and improvement project which will be of benefit to the La Quinta Redevelopment Project Area No, 1 and the immediate neighborhood in which the Project is located; and WHEREAS, the City wishes to accept funds from the La Quinta Redevelopment Agency the Agency") for the acquisition of the subject property; and WHEREAS, the Redevelopment Plan for Project Area No. 1 authorizes and directs the Agency to pay all or part of the value of the acquisition and construction of public improvements, which are enumerated in materials referenced in the Redevelopment Plan and which includes street improvements; and WHEREAS, California Health and Safety Code Section 33445 provides that the Agency may, with the consent of the legislative body, pay all or part of the value of public buildings, facilities, structures or other improvements upon a finding that such public improvements are of benefit to the Project Area or the immediate neighborhood in which the Project is located and that there is no other reasonable means of financing such public improvements available for the community; and NOW, THEREFORE, the City Council of the City of La Quinta does hereby find, determine, order and resolve as follows: Section 1. The City shall use funds provided by the Agency for the acquisition of the subject property. Section 2. The approval of the Agreement for the acquisition of the property is exempt from CEQA pursuant to Section 15061(b)(3) of the State CEQA Guidelines. BIB] 07-31-1998-U01 11:22:47AM-U01 ADMIN-U01 CCRES-U02 91-U02 95-U02 ^#@6 Section 3. Pursuant to Health and Safety Code Section 33445: i) the proposed street improvements for which the property is being acquired are of benefit to the Project Area and the neighborhood in which such improvements are to be situated; and ii) no other reasonable means of financing the improvements are available to the City. Section 4. The City finds and determines based upon the analysis presented with respect to the value of the property, that the purchase price set forth in the Agreement to be paid by the Agency is a fair market value for the subject property. Section 5. The City hereby approves the acquisition of the subject property and authorizes and directs the Mayor to execute all necessary documents in order to acquire said property. PASSED, APPROVED and ADOPTED this 3rd day of December 1991. AYES: Council Members Bohnenberger, Franklin, Rushvorth, Sniff, and Mayor Pena NOES: None ABSENT: None ABSTAIN: None ATT*T:* 11/25/91 * /nnn 2- BIB] 07-31-1998-U01 11:22:47AM-U01 ADMIN-U01 CCRES-U02 91-U02 95-U02 ^#@6 I EXHIBIT A" REALCO CONSULTANMTSemOrandUm November is, 1991 To: Mr, Frank R. Reynolds Director of Public Works/City Engineer City of La Quinta 78-105 Calle Estado P.O. Box 1504 La Quinta. CA 92253 REALCO No. 91-11 From: R. C. Floyd REALCO CONSULTAN Tm Subject: Washington Street widening Lots 1-4, Blk. 19 Desert Club Tract Unit No. 2, M.B. 20, page 6, Riv, County APNs 769-117-001, 002, 0039 and 004 Wiliam Doyle, et ux., owners Enclosed is the executed original written counter) offer to sell the subject lo*s to the City for a cash consideration OT $88,000.00, together with the original executed and notarized grant deed covering the subject lots. The executed counter) offer is basically self-explanatory, and, as indicated, the cash consideration is to be a viet payuent to the sellers they are not to be responsible for any costs incidental to the transaction9 including any deduction *or payment of prorated property taxes from July 1 to the date of deed recordation. During my telephone conversation with Mr. and Mrs. Doyle's agent and daughter, Kelly Doyle, last Saturday, it was understood that they would authorize payment of the prorated taxes from the purchase proceeds. However, when I met with them yesterday, they specifically rejected the tax responsibility and stated that the settlement Dust result in an absolute net payment to them in the amount of $88,000.00. In reviewing the counter) offer, you will note that they have deleted the typed provision for tax prora- tion. This means that if the transaction is approved by the City Council, the City will be responsible for payment of the prorated taxes from and including July 1 to the date of deed recordation. Based upon available tax information. I estimate the total a'Dount to be $207.00, calculated to November 30. The exact amount will not be available until the Assessor and Tax Collector have cal- culated the proration following deed recordation and notified us. If the offer is accepted, please attach a certificate of accep- tance to the deed and return the deed to REALCO CONSULTANTS for BIB] 07-31-1998-U01 11:22:47AM-U01 ADMIN-U01 CCRES-U02 91-U02 95-U02 ^#@6Mr. Frank R. Reynolds Memorandum Novetriber 18. 1991 Page * coordinated title COmP8flY recording and issuance of a title In- surance policy. Please do not record. Upon acceptance of the offer1 It Is also recommended that a check for payment of the net purchase price be immediately prepared, as follows: Amount: $88,000.00 Payecs: William Doyle and Helen B. Doyle Address: 41 Washington Street Marina Del Rey, CA 90292 Soc. Sec. f: 471-18-6093 William) The prepared check should not be transuitted to the sellers until I have subsequently furnished you verbal advice that the grant deed has been recorded and that the City's title to the subject lot is guaranteed. In reviewing the counter) offer, you will also note that, upon Its acceptance by the City, the City Is also granted Immediate possession of the lots in order to proceed with street construc- tion, pending closing of the transaction, RCF:fd End 5. BIB] 07-31-1998-U01 11:22:47AM-U01 ADMIN-U01 CCRES-U02 91-U02 95-U02