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HomeMy WebLinkAboutRES 95-44RESOLUTION NO. 95-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE ACQUISITION OF TITLE TO CERTAIN TAX DEFAULTED REAL PROPERTY, KNOWN AS TR -42560, LOT 51, ASSESSORS PARCEL NO. 8701-013-047 AND AUTHORIZING THE MAYOR TO EXECUTE ALL NECESSARY FORMS, AGREEMENTS, CERTIFICATES, AND DOCUMENTS AS PRESCRIBED BY LAW. A. RECITALS (i) On January 31, 1995, the City received notification from the Los Angeles County Treasurer and Tax Collector of a pending sale/auction of a certain parcel of real property for the nonpayment of taxes pursuant to the provision of law; and (ii) The subject property, which functions as a neighborhood pocket park, is a 1.27 acre tiva ribt.,d as TR=42560, Lot 51, Assessors Parcel No. 8701.- 0-� 3--047; and (iii) The City, pursuant to Division I, Part 6, Chapter 8 Qf the Revenue and Taxation Code, has -the first right -of - refusal to acquire the subject -property; and (iv) On February 7, 1995, the City Council approved and ratified the City's prerogative to acquire the subject property through first right -of -refusal; and (v) The City must submit written certification to the Los Angeles County Board of Supervisors authorizing the acquisition of the subject property and identifying the title of the individual authorized, empowered, and instructed to file necessary and proper forms, certifications, and documents as prescribed by law; and (vi) All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council does hereby find that the public acquisition of the subject property is in the public's best interest in that it will assure the continued utilization of the property as a park. SECTION 2. The Mayor of the City of Diamond Bar is hereby authorized, empowered, and instructed to file all necessary forms, agreements, certifications, and documents with the Los Angeles County Board of Supervisors to carry out the purposes specified in the agreement attached hereto, marked EXHIBIT "A", and by reference made a part hereof. SECTION 3. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 2�,i day of July, 1995. MAYOR I, LYNDA BURGESS, City Clerk of the City of Diamond Bar do hereby certify that the foregoing Resolution was passed, approved and adopted at the regular meeting of the City Council of the City of Diamond Bar held on 25 day of July, 1995, by the following vote: AYES: COUNCILMEMBERS-Ansari, Harmony, MPT/Werner, M/Papen NOES: COUNCILMEMBERS None ABSENT: COUNCILMEMBERS None ABSTAINED: COUNCILMEMBERS None ATTEST (1�" L/da Burgess-,_ City t Ps-rk EXHIBIT "A" AGREEMENT TO PURCHASE TAX -DEFAULTED PROPERTY This Agreement Is made this day of 19 - � by and between the Board of Supervisors of Lns ANGELES County. State of C11domis. and THE CITY or: nIaMM RaR ('PURCHASER'). pursuant to the provisions at Division 1. Parc 6. Chapter a of the Reverie and Taxation Code. The real property situated within said courtly, hareindter set forth and daacribed in Exhibit W attached hereto and made a pan heed. is taxdebutlted ano a subject to the power of sale by the tax collector of said county for the nonl ayrnent at taxes, puxasm to provisc m of law. It is mutually agreed as follows: 1. that as provided by Section 3800 of the Revenue and Taxation Coft the coat of giving notice of this agreement shall be paid by the PURCHASER. and 2. that the PURCHASER agrees to pay the sum at S 8040.00 for the real property described In Exhibit W within . 4 days alter the dam this agreement becomes etMaNe. Upon payment at said awn to the tax collector, VW bot collector shall GKOWe and deliver a deed corwaying tide to said progeny to MACH . 3.that said purchaser will not share -'in ;he distribution of payment required by this agree"nt. APPROVED AS TO FORM: DE WITT CLINTON County Counsel By Deputy If all or any portion of any individual parcel listed in Exhibit "A' is reassmad prior to the effective date of this agreement. this agreement shall be nud and void as to that inoivioual parch. This agreement snail aiso become nud and void and the right of redemption restored upon the PURCHASER'S failure to comay wan the terms and condions of this agreement. Time is of the essence. 533791. 3791.3. 3793 R&T Code TDL 8.13 0 •90) The undwsQn@d hereby agree to the terms and conddions d this agreernem and are duly autttonzed to sign for said agwxn& ATTEST: CITY OF DIAMOND BAR (Ptarcnaser) ATTEST: Clark of the Som nd of Supervisors By DOPUN (41441) BOARD OF SUPERVISORS By LOS ANGELES COUNTY By Pursuant to the provisions of Section 3775 of the pev~ and Taxation Code the governing body of the Cty of N/A hereby agnea to the sd ft price as provided in this agreement. ATTEST: Cask BY This agreement was subrimed to me before execution by the,botard of supervisors and I have Compared the same with the recoras of LAS a rGELt38 County r MWV to.# nal property described therein. L03 GeLES Courcy Tax Collector Pursuant to the provisions of Sections 3775 and 3795 of the Reverm and Taxation Code. the Controller agrees to the sailing pace hereinbefore set forth and aoproves the foregoing ag►eemsrt this day of 19 By - NOTE.:XH!?!T -A- MUST 8E ATTACHED TO THIS FORM STATE CONTROLLER ML 8-13 Ibacu1 EXHIBIT "A" First Year Default Description Delinquent Number TR=42560 LOT 51 1988 8701 013 047 Purchase Price $8040.00