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HomeMy WebLinkAboutAdopt Resolution 2016-07 authorizing the purchase of three t Recorded in Official Records, Orange County Recording Requested by: Hugh Nguyen, Clerk-Recorder Orange County Treasurer-Tax Collector III I I I IIIII III II I I I I II I II III II II II 6.00 Mail To: $ R o 0 0 9 9 3 1 4 0 7 $ 2018000078924 11:05 am 03/06118 CITY OF HUNTINGTON BEACH 48 414 D10 1 04 2000 MAIN ST. 2.20 2.20 0.00 0.00 0.00 0.00 0.000.00 0.00 HUNTINGTON BEACH, CA 92648 Exempt from V GC 27388.1(a)(2);recorded concurrently"in connection with'a transfer subject to the imposition of documentary transfer tax. Doc.Transfer Tax—computed on full value of property conveyed$4.40 /` w -� < ✓ti�;(� Signature of Declararit "^a TAX DEED TO PURCHASER OF TAX-DEFAULTED PROPERTY On which the legally levied taxes were a lien for fiscal year 2009-2010 1 and for nonpayment were duly declared to be in default 10-002724 r Tax Default Number This deed, between the Treasurer-Tax Collector of Orange County ("SELLER") and City of Huntington Beach ("PURCHASER") conveys to the PURCHASER, free of all encumbrances of any kind existing before the sale, except those referred to in Revenue and Taxation Code §3712, the real property described herein which the SELLER sold to the PURCHASER on December 4, 2017, pursuant to a statutory power of sale in accordance with the provisions of Division 1, Part 6, Chapter 7, Revenue and Taxation Code, for the sum of$3,700.00. In accordance with law, the SELLER hereby grants to the PURCHASER that real property situated in Orange County, State of California, indicated as follows: 110-185-06 (Assessor's Parcel Number) Legal Description: N-TRACT:8 BLOCK: LOT:44 j/City Of HUNTINGTON BEACH State of California Executed on County of Orange By: ari L.Freidenrich Treasurer-Tax Collector On March 6, 2018, before me, Hugh Nguyen, Orange County Clerk-Recorder, personally appeared Shari L. Freidenrich, Treasurer-Tax Collector for Orange County, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument, the person or entity upon behalf of which the person 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 Hugh Nguyen, Clerk-Recorder By: �Qu Depu my Clerk Rev. 1-5-18 Recorded in Official Records, Orange County Recording Requested by: Hugh Nguyen, Clerk-Recorder Orange County Treasurer-Tax Collector I III I I III II II I I I I II I I II II II II 6.00 Mail To: $ R 0 0 0 9 9 3 1 4 0 3 $ 201800007892311:05 am 03/06/18 CITY OF HUNTINGTON BEACH 48 414 D10 1 04 2000 MAIN ST. 1.65 1.65 0.00 0.00 0.00 0.00 0.000.00 0.00 HUNTINGTON BEACH, CA 92648 Exempt from fee per GC 27388.1(a)(2);recorded concurrently"in connection with"a transfer subject to the imposition of documentary transfer tax. /06 YC LoP�i,- ZZ%- /wit/ Doc.Transfer Tax—computed on full value of property conveyed$3.39-y A f), Alt_ Signature of Decl ant TAX DEED TO PURCHASER OF TAX-DEFAULTED PROPERTY 0.2ly On which the legally levied taxes were a lien for fiscal year 2009-2010 and for nonpayment were duly declared to be in default 10-002725 Tax Default Number 1 This deed, between the Treasurer-Tax Collector of Orange County ("SELLER") and City of Huntington Beach ("PURCHASER") conveys to the PURCHASER, free of all encumbrances of any kind existing before the sale, except those referred to in Revenue and Taxation Code §3712, the real property described herein which the SELLER sold to the PURCHASER on December 4, 2017, pursuant to a statutory power of sale in accordance with the provisions of Division 1, Part 6, Chapter 7, Revenue and Taxation Code, for the sum of$2,800.00. In accordance with law, the SELLER hereby grants to the PURCHASER that real property situated in Orange County, State of California, indicated as follows: 110-185-15 (Assessor's Parcel Number) Legal Description: N-TRACT:8 BLOCK: LOT:55 ./City Of HUNTINGTON BEACH State of California Executed on County of Orange By,* hari L.Freidenrich Treasurer-Tax Collector On March 6, 2018, before me, Hugh Nguyen, Orange County Clerk-Recorder, personally appeared Shari L. Freidenrich, Treasurer-Tax Collector for Orange County, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument, the person or entity upon behalf of which the person 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 Hugh Nguyen,Clerk-Recorder By. ! 6 uty County Clerk Rev. 1-5-18 Esparza, Patty From: Villegas, Duran Sent: Friday, August 19, 2016 7:17 PM To: Esparza, Patty Cc: Green, Micheal; Kuhnke, Elaine Subject: Re: Council pending item from 2/1/2016 - 3 tax defaulted properties Hi Patty,the house on Edinger was pulled by the county so it's no longer part of equation.The other two encyclopedia lots are still tracking towarda purchase and I ha a�nfirm encumbrance or the 14,500 this week. All this to say, yes we are closer to closing escrow with the county. If I had to guess, it'll likely take another 45-60 days. Thanks ' Duran oe 2,0 Sent from my iPhone On Aug 19, 2016, at 4:57 PM, Esparza, Patty<PEsparza[@surfcity-hb.org>wrote: Hi Duran: Have we closed or are we close to finalizing the purchase of the 2 Encyclopedia Lots & house on 5282 Edinger? Thanks! Patty Esyarza, CMC Senior Deputy City Clerk City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 (714) 536-5260 1 Dept ID ED 16-04 Page 1 of 2 Meeting Date 2/1/2016 lJGc1� CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 2/1/2016 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A Wilson, City Manager PREPARED BY: Ken Domer, Assistant City Manager Kellee Fritzal, Deputy Director, Office of Business Development SUBJECT: Adopt Resolution 2016-07 authorizing the purchase of three tax defaulted properties generally located north of Ellis Avenue between Edwards Street and Goldenwest Street (APN's 110-185-06 and 110-185-15) and south of Edinger Avenue between Bolsa Chica Street and Graham Street (APN 146-081-04), and, authorize appropriation of funds in the amount of$33,200 Statement of Issue The City Council is asked to authorize the appropriation of funds in the amount of $33,200 for the purchase of two encyclopedia lots located north of Ellis Avenue between Edwards Street and Goldenwest (APN's 110-185-06,15) and one single family residential property located south of Edinger Avenue between Bolsa Chica Street and Graham Street (APN 146-081-04) Financial Impact Funds for this transaction have not been budgeted Therefore, an appropriation of funds not to exceed $14,500 in the Park Acquisition and Development (PAD) Fund Land Purchase Account (20945101 81100) and $18,700 in the Low and Moderate Income Housing Asset Fund (LMIHAF) Account (35280301 81000) is necessary to complete this transaction Recommended Action A) Authorize the appropriation of up to $14,500 from the Park Acquisition and Development Fund balance (Fund 209) into Account 20945101 81000, and, B) Authorize the appropriation of up to $18,700 from the Low and Moderate Income Housing Asset Fund balance (Fund 352) into Account 35280301 81000, and, C) Adopt Resolution No 2016-07, "A Resolution of the City Council of the City of Huntington Beach objecting to the public sale of certain tax-defaulted property located within the City of Huntington Beach, offering to purchase said property, finding that said property will be used for public purpose, and finding that the purchase of the property is exempt from the California Environmental Quality Act " Alternative Action(s) Do not approve the Agreements and direct staff accordingly Analysis As permitted by law, the City of Huntington Beach may purchase tax-defaulted properties from the County of Orange Treasurer-Tax Collector (County) when such property becomes tax-defaulted for Item 7. - I HB -94- Dept ID ED 16-04 Page 2 of 2 Meeting Date 2/1/2016 five years or more On December 31, 2015, the County notified the City of an upcoming March 16, 2016 public auction for tax-defaulted properties Staff reviewed the County's list of properties and identified three Huntington Beach parcels that the City would like to purchase for a public use As required by law, the City provided the County with a written notice objecting to the sale of these properties and a completed application to purchase the properties for a public use In addition to the City's notice and application, the County has also requested a City Resolution approving the purchase of these tax-defaulted properties The total cost is estimated as follows Assessor Parcel No Minimum Escrow Tax TOTAL Bid Fees (est ) Collector Cost (est ) APN(s) 110-185-06,15 $ 6,500 $3,000 $5,000 $14,500 APN(s) 146-081-04 $12,200 $1,500 $5,000 $18,700 $18,700 $4,500 $10,000 $33,200 Two properties are encyclopedia lots and located north of Ellis Avenue between Edwards Street and Goldenwest Street (APN's 110-185-06,15) Once purchased, these properties would be incorporated as public open space into the surrounding Huntington Beach Central Park, which is consistent with the City's General Plan, Zoning Plan and Central Park Master Plan The third property contains a single family home and is located south of Edinger Avenue between Bolsa Chica Street and Graham Street (APN 146-081-04) This property could be purchased and made available as part of a Notice of Funding Availability (NOFA) for the City's non-profits for an affordable residence for an income-qualified family A map is attached as a reference for these properties (Attachment 1) It's important to note that the City's proposed purchase from the County is not guaranteed Current owners may retain ownership of their property by paying past due taxes during this tax-default process If purchased by the City, the above properties will benefit a public use by increasing the Central Park open space area and improving the City's Affordable Housing Program Therefore, staff recommends approving a Resolution for the City's proposed purchase of the aforementioned properties Environmental Status Not applicable Strategic Plan Goal Enhance and maintain infrastructure Attachment(s) 1) Site Maps - Tax Defaulted Properties 2) Resolution No 2016-07 HB -95- Item 7. - 2 ATTAChlMENT # 1 City-Owned Encyclopedia Lots City of Huntington Beach N uu„a ® w,rtH�mxo msurs w � 1� ) s 1 0 125 250 500 Feet Other Encyclopedia ParceF= ls(39) _ City-Owned Parcels(266) III III APN 110-185-06 Ip r a - ONO I /■ ��.- , Information Srniccs lkparlmem L F • tF ' ' A �Ee 1-I' ,m...kom.mc.WwwavmgM¢OWwruevroeOmneU�on It 1 Ltt� � ' , - ti AP : 14 - -N G •i1 i4 a n` mp cwpp i �119�L• �. -1�19�—'� 'Ifl-. ANN 30 WIM Or rz.3 _ sr Jii —f . , a r bN -ti F.A4TTACHMENT #2 RESOLUTION NO 2016—0 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH OBJECTING TO THE PUBLIC SALE OF CERTAIN TAX-DEFAULTED PROPERTY LOCATED WITHIN THE CITY OF HUNTINGTON BEACH, OFFERING TO PURCHASE SAID PROPERTY, FINDING THAT SAID PROPERTY WILL BE USED FOR PUBLIC PURPOSE, AND FINDING THAT THE PURCHASE OF THE PROPERTY IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, Revenue and Taxation Code Section 3791 authorizes the City of Huntington Beach (the "City") to purchase property that has been tax-defaulted for five years or more, or three years or more in the case of nonresidential commercial property, and WHEREAS, the Orange County Treasurer-Tax Collectoi has determined that certain real property, known as Assessor's Parcel Numbers 110-185-06, 110-185-15 and 146-081-04, located in Huntington Beach, County of Orange, California, and particularly described in Exhibit"A," which is attached hereto and incoipoiated herein(the "Property"), has been tax-defaulted for more than five years and, therefore, may be acquit ed by the City through an Agreement for Purchase pursuant to Revenue and Taxation Code Section 3791, et seq ; and WHEREAS, there are two vacant"Encyclopedia Lots" located northwest of Goldenwest Stieet and Ellis Avenue in Huntington Beach, Lots 44 and 45 are contained within APN 110- 185-06, and Lot 55 is located in APN 110-185-15. Theie also is a residential lot located at 5282 Edingei Avenue, Huntington Beach identified as APN 146-081-04, and WHEREAS, the Orange County Treasurer-Tax Collector has determined that the puuchase price foi the Property is $18,700, plus tax collectoi's costs, and WHEREAS, Orange County Treasui ei-Tax Collectoi has indicated that it will enter into an Agreement of Sale foi the Pioperty if the City adopts a Resolution objecting to the public sale of Ptoperty, offers to purchase the Property; states the public purpose foi which the Property will be used; and acknowledges that the City will pay for all costs peitaining to publication and lot book reports; and WHEREAS, the City desires to adopt such Resolution and purchase the Ptoperty NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows- , 1 The City objects to the public auction sale of that certain seal property, as described in Exhibit"A" attached hereto, which is located within the jurisdictional boundaries of the City 16-5089/130911 doe Resolution No . 2016-07 2 The City hereby offers to purchase the Property foi a price of Eighteen Thousand Seven Hundred Dollars ($18,700 00) (the"Purchase Price") 3. In addition to paying the Purchase Price, the City shall pay all publication costs, lot book reports costs as requited by the Revenue and Taxation Code, and other appropriate applicable costs, not to exceed $10,000 total The City acknowledges that if the Property is redeemed, such costs are nonrefundable 4 The City hereby declares that it intends to cause the Property to be developed in accordance with the City's General Plan, Zoning Plan and other related City requirements (the "Development Requirements") The development of this Property will serve the public purpose, including increasing open space and the availability of affordable housing opportunities within the City in accordance with the City's Development Requirements 5 The City Manager is hereby authorized to execute all agreements or other documents required to consummate the purchase of the Property 6 The City hereby finds that the acquisition of APN 146-081-04 is exempt from the California Environunental Quality Act pursuant to Section 15326 of Title 14 of California Code of Regulations The City hereby finds that the acquisition of APN 110-185-06 and 110-185-15 is exempt from the California Environmental Quality Act pursuant to Section 15316 of Title 14 of California Code of Regulations PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 1st day of February , 2016. Mayor REVIEWED AND APPROVED APPROVED AS TO ORM 1 _ ClAtn4ei rty orney INITIAT 3D AND APPROVED: City an n 16-5089/130911 doe REsolution No . 2016-07 EXHIBIT "A" Legal Description APN. 110-185-06 and 110-185-15. Vacant seal property located in Huntington Beach, California and more particularly described as. Lots 44, 45, and 55 of Tract 8 per maps recorded in Book 9, Page 7, of Miscellaneous Maps, records of Orange County, California APN 146-081-04 Residential house located at 5282 Edingei Avenue, Huntington Beach, California, and more particularly described as Lot 4 of Tract 3657, in the City of Huntington Beach, County of Orange, State of California, as Instrument No 134, Pages 21 to 25 inclusive of Miscellaneous Maps, in the office of the County Recorder of said County 16-5089/130911 doc N Res. No. 2016-07 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L FLYNN the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven, that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a Regular meeting thereof held on February 1, 2016 by the following vote AYES: Posey, Sullivan, Katapodis, Hardy, Delgleize, Peterson NOES: None ABSENT: None ABSTAIN: O'Connell �l City erk and ex-offs o Clerk of the City Council of the City of Huntington Beach, California