HomeMy WebLinkAboutCity Council Resolution 18-020 Re-approving the acquisition of fee title to a parcelRESOLUTION NO. 18-020
RESOLUTION OF THE CITY COUNCIL OF SARATOGA
APPROVING PAYMENT FOR AND ACCEPTANCE OF PROPERTY
INTERESTS NEEDED FOR THE QUITO ROAD BRIDGES REPLACEMENT
PROJECT
The City of Saratoga City is working with the Town of Los Gatos and the Santa Clara
Valley Water District in seeking to replace two bridges on Quito Road with wider span
structures that will allow a 100 -year design flow (Project) with funding through the
Federal Highway Bridge Replacement and Rehabilitation (HBRR) Program.
II. On August 20, 2014 the City Council adopted Resolution No. 14-057, in which it
approved the Project and determined it was exempt from the California Environmental
Quality Act following a duly noticed public hearing.
III. Since approval of the Project, the City has completed design and identified specific real
property that is necessary to acquire for the Project. The required property interests
include a portion of a parcel for which there has been more than five years of non-
payment of taxes, according to the County of Santa Clara. The City has applied to acquire
this property, APN 407-16-008, from the County on the grounds of public necessity. The
total cost of the acquisition is currently estimated to be approximately $5,200 and is not
likely to exceed $5,800.
IV. On March 21, 2018 the City Council adopted Resolution No. 18-009 concerning
acquisition of various real property interests for the Project. This Resolution modifies and
supersedes Resolution No. 18-009 with respect to the property described in Section III
above, APN 407-16-008, and only with respect to that property.
V. THEREFORE, BE IT RESOLVED that the City Council hereby:
Approves acquisition of the property interests necessary for the Project, including
fee title to APN 407-16-008, pursuant to an agreement substantially in the form of
the attached Agreement to Purchase Tax -Defaulted Property; and
2. Delegates authority to the City Manager to execute the documents, agreements,
and other instruments necessary to acquire the property for an estimated amount
of $5,200, with authority to acquire for a maximum of $5,800. The estimated
amount will be adjusted according to the actual closing date of the transaction;
and
3. Authorizes the City Manager to accept the conveyance of those property interests,
consistent with Government Code section 27281; and
4. Finds that the acquisitions authorized in this Resolution are exempt from the
California Environmental Quality Act (CEQA) for the reasons set forth in
Resolution 14-057 and the notice of exemption from CEQA that was filed with
the County of Santa Clara on August 25, 2014; and
Declares that Resolution No. 18-009 is of no force or effect with respect to APN
407-16-008.
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga
City Council held on the 18"' day of April 2018 by the following vote:
AYES: Mayor Mary -Lynne Bernald, Vice Mayor E. Manny Cappello, Council
Members Howard A. Miller, Emily Lo, Rishi Kumar
NOES:
ABSENT:
ABSTAIN:
A T:
/// DATE
ora Pimentel,MMC, City Clerk
<D -t ;('e 6Y -t IT c �YVW", J -6A ,
2
Mary nnBernald, Mayor
Y/ 1 1712-0 1-�6
s
AGREEMENT TO PURCHASE TAX -DEFAULTED PROPERTY
This agreement is made this 8th day of May, 2018 by and between the County of Santa
Clara and City of Saratoga in accordance with provisions of California law
Recitals
WHEREAS, the County, a political subdivision of the State of California ("SELLER"),
subject to the State Controller's approval, agrees to sell to City of Saratoga, a municipal
corporation, as a taxing agency ("PURCHASER") under the terms stated below, the real property
described in Exhibit "A" and Attachment "A-1" of this agreement ("PROPERTY"), and,
WHERES, the PROPERTY is tax -defaulted and is subject to the power of sale by the
Department of Tax and Collections for the nonpayment of taxes
NOW THEREFORE, in consideration of the mutual promises set forth herein, and
valuable consideration, the receipt of which is hereby acknowledged, the parties mutually agree
as follows
1 Approval by the State Controller California Revenue and Taxation Code section 3795
requires this agreement to be submitted to and approved by the California State Controller
before it becomes effective This agreement is not in effect until the California State
Controller's authorization is received and the noticing process is complete (pursuant to
Revenue and Taxation section 3802) ("EFFECTIVE DATE")
2. Purchase Price. The PURCHASER agrees to pay the purchase pnce for the PROPERTY as
defined in Revenue and Taxation Code section 3793 1 ("PURCHASE PRICE") The
PURCHASE PRICE shall include the following.
a All defaulted taxes and assessments and all associated penalties and costs, redemption
penalties and fees incurred through the month of the sale, the cost of giving notice of
the notice of agreement (pursuant to section 3800 of the Revenue and Taxation
Code), the cost of publishing or posting the notice of agreement, the cost of the
auction (pursuant to Revenue and Taxation Code sections 4672 and 4672.1), the
rescission or record deed fee, costs of the sale pursuant to California Revenue and
Taxation Code section 3793.1(a). The total of all of these items is estimated at
$5,200 00 based on an estimated sale date in August 2018 See Exhibit "A" Once the
Department of Tax and Collections has received an executed copy of this agreement
from the State Controller, the final amount will be determined based on the
EFFECTIVE DATE of this agreement as provided in Revenue and Taxation Code §
3802.
3. Other Expenses The PURCHASER shall pay other expenses in addition to the PURCHASE
PRICE, including but not limited to the cost of proceeding to obtain a clear title to the
PROPERTY prior to purchase, and the expenses incurred in the payment, compromise, or
other method of removal of any liens or adverse claims against the PROPERTY
4 Payment PURCHASER agrees to make payment in full of the PURCHASE PRICE within
21 days after the EFFECTIVE DATE Payment shall be in cash or certified check payable to
the Department of Tax and Collections Upon receipt of said sums by the Department of Tax
and Collections, the Department of Tax and Collections shall execute and record a deed
Page 1 of 7
ORIGINAL
VENDOR'S COPY
MAY 0 8 2018
1'
conveying the title to the PROPERTY to the PURCHASER and after recordation the deed
will be returned to the PURCHASER by the County Clerk/Recorder
5 No Representation The SELLER makes no representation or warranty concerning the
condition of title to the PROPERTY. Additionally, the SELLER makes no representation
concerning the physical condition of the PROPERTY and the PURCHASER acknowledges
that it is not relying upon any statements or representations of the SELLER concerning the
PROPERTY and is purchasing the PROPERTY in its 'as is' condition
6 Intent of Use The public purpose and specified intent of use set forth by the PURCHASER
for the PROPERTY is as follows. The City seeks to acquire the Property because it is
necessary for the City's Quito Road bridge replacement project, which is currently underway
This project will replace two bridges located on the border of the City of Saratoga and the
Town of Los Gatos Both bridges cross over the San Tomas Aquino Creek on either side of
the intersection of Quito Road and Old Adobe Road The current bridges were constructed in
1915 and do not meet current State design standards or seismic safety criteria for bridges
The new bridges would meet current design and seismic standards. Additionally, the existing
bridges are only 23 feet wide The new bridges would be expanded to safely accommodate
vehicle and pedestrian traffic on the bridges The City needs fee ownership of the Property to
accommodate the footings required for one of the new bridges Construction is scheduled to
begin in the spring of 2018 The PURCHASER agrees to use the parcel within the scope of
its legal authority
7 Jurisdiction Boundaries If the PURCHASER is a `district' as defined by Government Code
section 56036(a) the PROPERTY must be within its jurisdiction, unless a letter from
purchasers' legal counsel stating that either its sphere of influence has been extended by the
Local Agency Formation Commission (LAFCo) to include the PROPERTY or the
PROPERTY may be purchased without conflict with sphere of influence parameters
8 Real Property Taxes, Fiscal Year 2018-2019. The PURCHASE PRICE does not include the
property taxes for Fiscal Year 2018-2019 The PURCHASER shall be responsible for
payment in full of the Fiscal Year 2018-2019 property taxes for the PROPERTY in addition
to the PURCHASE PRICE.
9 Treated as a Single Transaction. The SELLER shall sell the PROPERTY as a single
transaction to the PURCHASER in consideration of the receipt of the payments listed in this
agreement
10. Redemption. If the PROPERTY is redeemed prior to the EFFECTIVE DATE of this
agreement, this agreement shall be null and void as to the PROPERTY Notwithstanding the
foregoing, the agreement shall be binding and shall remain in full force and effect with
respect to any remaining parcel(s)
11 Void/Incomplete Purchase This agreement shall become null and void and the right of
redemption restored upon the failure of the PURCHASER to comply with the terms and
conditions of this agreement prior to the tax deed recordation The PURCHASER will be
required to reimburse the Department of Tax and Collections for the costs for producing
notice, publication, and actual costs incurred for preparing and conducting the agreement sale
if these expenses have already been incurred.
12 Indemnity The PURCHASER shall indemnify the SELLER from and against any and all
liability, loss, costs, damages, attorney's fees, and other expenses which the SELLER may
sustain or incur by reasons of a challenge to validity of the tax default sale of the
PROPERTY Pursuant to California Revenue and Taxation Code section 3809, a proceeding
Page 2 of 7
ORIGINAL
r
based on alleged invalidity or irregularity of any proceeding instituted can only be
commenced within one year after the date of execution of the Department of Tax and
Collections' deed
13 Environmental Condition of Property The PROPERTY acquired pursuant to this agreement
may contain hazardous wastes, toxic substances, or other substances regulated by federal,
state, and local agencies. The SELLER in no way whatsoever assumes any responsibility,
implied or otherwise, and makes no representations that the PROPERTY is in compliance
with federal, state, or local laws governing such substances The SELLER in no way assumes
any responsibility, implied or otherwise, for any costs or liability of any kind imposed upon
or voluntarily assumed by the PURCHASER or any other owner to remediate, clean up, or
otherwise bring into compliance according to federal, state, or local environmental laws the
PROPERTY purchased.
14 CERCLA The SELLER and the PURCHASER agree that under United States Code, title 42,
section 9601(20)(D), the Comprehensive Environmental Response, Compensation, and
Liability Act (CERCLA) expressly excludes local and state governments from clean up
liability for properties they acquire as a result of tax delinquencies Notwithstanding this
provision, the PURCHASER shall defend, indemnify, and hold harmless the SELLER, its
board of supervisors, officers, claims, actions, liabilities, losses, damages, and costs,
including reasonable attorneys' fees, arising out of or resulting from the performance of this
agreement, regardless of whether caused in part by a party indemnified hereunder, including
but not limited to allegations that the SELLER and/or the SELLER's officers, directors,
agents, employees, or volunteers are liable for costs or other charges related to the
remediation, clean up, or other work necessary to bring the PROPERTY under this
agreement into compliance with federal, state, or local environmental laws
15 Taxing Agency Will Not Receive Distribution of Sale Proceeds If said PURCHASER is a
taxing agency, as defined by California Revenue and Taxation Code section 121, it is not
entitled to a portion of the distribution of the sale proceeds.
//
//
//
//
1/
//
//
1/
//
Page 3 of 7
ORIGINAL
The undersigned hereby agree to the terms and conditions of this agreement and are duly authorized to
sign for said agencies. This document is being executed in counterpart each of which constitutes an
original
PURCHASER:
/ v2414, a &dalt4
ora Pimentel, City Clerk (D-e..ocdtiUti
APPROVED AS TO FORM AND LEGALITY.
---4)1s/1
Sarah H. Sigman, City Attorneys
COUNTY/SELLER:
ATTEST
Megan Do
_
Clerk it)
say, City . nager
Signed and Certrfied that a copy of this document
has been delivered by electronic or other means to
the President, Board of Supervisors.
�.�►•�7 NAY :2
MAY 0 8 2018 �+. 2�.,�
the Board of Supervisors S Joseph Simitian, President, Board of Supervisors
APPROVED AS TO FORM AND LEGALITY.
n E.P. Liem, Deputy County Counsel
STATE CONTROLLER'S OFFICE:
Pursuant to the provisions of California Revenue and Taxation Code section 3795, the Controller
approves the foregoing agreement this 4'11.1 day of /4_4-7.e_. , ZU/f
BETTY T YEE, CALIFORNIA STATE CONTROLLER
By -i'7''14—?
JACLYN MCQUEEN, MANAGER
Government Compensation and Property Tax Standards Section
Attachments to this agreement Exhibit "A" - Attachment "A-1"
Page 4 of 7
ORIGINAL
DESCRIPTION
EXHIBIT "A"
FIRST YEAR DEFAULT PURCHASE
DEFAULTED NUMBER PRICE
407-16-008 2005/2006 407-16-008 $5,200.00
(Legal Attached, A-1)
INTENDED USE
The City seeks to acquire the Property because it is necessary for the City's Quito Road bridge
replacement project, which is currently underway This project will replace two bndges located
on the border of the City of Saratoga and the Town of Los Gatos. Both bridges cross over the
San Tomas Aquino Creek on either side of the intersection of Quito Road and Old Adobe Road
The current bndges were constructed in 1915 and do not meet current State design standards or
seismic safety criteria for bridges The new bridges would meet current design and seismic
standards. Additionally, the existing bridges are only 23 feet wide The new bridges would be
expanded to safely accommodate vehicle and pedestrian traffic on the bridges The City needs
fee ownership of the Property to accommodate the footings required for one of the new bridges
Construction is scheduled to begin in the spnng of 2018
Page 5 of 7
ORIGINAL
Legal Description for APN•
TRA
15-001
Attachment "A-1"
407-16-008
CITY SARATOGA
COUNTY•
SANTA CLARA
THE PARCEL SHOWN AS APN 407-16-008 ON ASSESSOR'S PARCEL MAP, TAX ROLL
YEAR 2016
SAID PARCEL IS BOUNDED TO THE NORTH BY THE NORTHEASTERLY
PROLONGATION OF SANTA CLARA VALLEY WATER DISTRICT PARCEL AS
DESCRIBED IN DEED NO 4802405, RECORDED IN BOOK A976, PAGE 52 SANTA CLARA
COUNTY RECORDS, TO THE WEST BY THE NORTHEASTERLY LINE OF QUITO ROAD,
40' WIDE; TO THE SOUTH BY THE NORTH LINE OF PARCEL 2 AS DESCRIBED IN DEED
RECORDED IN BOOK A968 PAGE 317, SANTA CLARA COUNTY RECORDS, TO THE
EAST BY THE NORTHWESTERLY LINE OF PARCEL AS DESCRIBED IN DEED
RECORDED A976 PAGE 52, SANTA CLARA COUNTY RECORDS
Page 6 of 7
ORIGINAL
OFFICE OF COUNTY ASSESSOR
SANTA CLARA COUNTY CALIFORNIA
8001c
407
PACE
16
LAY/YOKE 1 Std(- ASSESSOR
GREW q V =writ poor M
LoopMA raw R A f. Coli Sic. 322.
LINc1M Rol Tow 2012-20t8