HomeMy WebLinkAboutObjctn to Sale of Tax-Defaulted Prop - 43-755 Kelsey CtPALM DESERT REDEVELOPMENT AGENCY
STAFF REPORT
REQUEST: ADOPT A RESOLUTION OF THE PALM DESERT
REDEVELOPMENT AGENCY OBJECTING TO THE SALE OF TAX -
DEFAULTED PROPERTY KNOWN AS 43-755 KELSEY COURT
(APN 634-241-034) AND AUTHORIZE ACQUISITION THROUGH AN
AGREEMENT OF SALE
SUBMITTED BY: JANET M. MOORE, DIRECTOR OF HOUSING
DATE: JANUARY 22, 2009
CONTENTS: AGENCY RESOLUTION NO. 556
Recommendation:
By Minute Motion,
1) Waive further reading and adopt, Agency Resolution No. 556
objecting to the sale of tax -defaulted property located at 43-755
Kelsey Court (APN 634-241-034) in the Desert Rose development;
2) Authorize the Executive Director to negotiate an agreement to
purchase the property from the County in the amount of $114,795.50 ,
plus reasonable processing fees, interest and closing costs.
Executive Summarv:
The current owner of the above referenced property is behind in the payment of the real
property taxes and the property is now subject to tax default sale. As a public agency with
an interest in the property, the Agency has the right to file a request with the County to
purchase the property prior to the sale. The County requires a resolution from the Agency
objecting to the tax default sale by January 30, 2009 in order to remove the property from
the Public Auction Tax Sale list scheduled for March 16, 2009.
Staff recommends adopting a resolution objecting to the sale and authorizing the Executive
Director to negotiate an agreement to purchase the property from the County in the amount
of $114,795.50 in order to maintain affordability in the development known as Desert Rose.
Staff will bring the acquisition agreement back to the Agency Board for final approval, once
drafted and agreed to by the County Board of Supervisors and Tax Collector.
Staff Report
Resolution No. - 556
Tax Default Sale of 43755 Kelsey Court
Page 2 of 2
January 22, 2009
Discussion:
The above referenced property is located within the Desert Rose development. The
current owners have failed to pay the County property taxes and Riverside County
Treasurer -Tax Collector's office has now set this property for tax default sale.
As a public agency with an interest in the property, the Agency has the right to acquire the
tax -defaulted property under Chapter 8 of the Revenue and Taxation code. The County
requires a resolution from the Agency objecting to the tax default sale by January 30, 2009
in order to remove the property from the Public Auction Tax Sale list scheduled for March
16, 2009.
Included in the resolution must be an authorization for the Executive Director to negotiate
an agreement to purchase the property for the minimum purchase price of $114,795.50.
The Agency is not obligated to purchase the property from the County until a purchase
agreement is executed which staff understands may take two (2) to three (3) years once
the County receives the resolution.
Staff recommends that the Agency Board adopt a resolution objecting to the sale and
authorizing the Executive Director to negotiate an agreement for the acquisition.
Staff will bring the acquisition agreement back to the Agency Board for final approval, once
drafted and agreed to by the County Board of Supervisors and Tax Collector.
Submitted by: Department Head:
t M. Moore
Director of Housing
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Approval:
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Direc of Redevelopment/Housing
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VERIFIED BY �0�1 0r 1
Manager Original on file with City Cler. Office
RESOLUTION NO. 556
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF
PALM DESERT OBJECTING TO THE SALE OF TAX -DEFAULTED
PROPERTY KNOWN AS 43755 KELSEY COURT (APN 634-241-034) PALM
DESERT, CALIFORNIA, AND APPLYING TO THE COUNTY BOARD OF
SUPERVISORS AND COUNTY TAX COLLECTOR TO PURCHASE THE
PROPERTY; AND AUTHORIZING THE EXECUTIVE DIRECTOR TO
NEGOTIATE AN AGREEMENT TO PURCHASE THE TAX DEFAULTED
PROPERTY IN THE AMOUNT OF $114,795.50
THE PALM DESERT REDEVELOPMENT AGENCY HEREBY FINDS, DETERMINES, RESOLVES
AND ORDERS AS FOLLOWS:
WHEREAS, the Board of Supervisors of the County of Riverside and its Tax Collector intend on
selling certain property that has become tax -defaulted and is identified as 43755 Kelsey Court #34 (APN
634-241-034), Palm Desert, California (the "Property") legally described as Lot 34 of Tract Map 27546, in
the City of Palm Desert, County of Riverside, State of California, as per map recorded in Book 249 of
Maps, Pages 63-69 inclusive in the office of Recorder of Riverside County; and
WHEREAS, the City of Palm Desert objects to the sale of the Property and is applying in writing by
way of this resolution to the Riverside County Board of Supervisors and the Riverside County Tax
Collector to purchase the property at the price of $114,795.50; and
WHEREAS, the subject property is located within an affordable housing development known as
Desert Rose; and
WHEREAS, it is the Agency's intention to maintain the affordability of the subject property for the
full term of the affordable housing restrictive covenant recorded against it by making the subject property
available to a household of very low, low or moderate income.
NOW, THEREFORE, BE IT RESOLVED BY THE REDEVELOPMENT AGENCY OF THE CITY OF
PALM DESERT, CALIFORNIA AS FOLLOWS:
That the Executive Director is hereby authorized to send a copy of this resolution to the Board of
Supervisors and to the Riverside County Treasurer -Tax Collector, registering the objection of the
Redevelopment Agency to the sale of 43755 Kelsey Court, (APN 634-241-034), Palm Desert, California,
and to apply to the Board of Supervisors and the Tax Collector to purchase the Property at the price of
$114,795.50.
The Executive Director, the Chairman, the Vice -Chairman, and the Secretary of the Agency, and their
designees, are hereby authorized, jointly and severally, to execute and deliver any and all necessary
documents and instruments and to do all things which they may deem necessary or proper in order to
effectuate the purposes of this Resolution and the transactions contemplated hereby; and any such
actions previously taken by such officers are hereby ratified, confirmed and approved.
PASSED, APPROVED and ADOPTED this 22nd day of January 2009 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Robert A. Spiegel, Chairman
ATTEST:
Rachelle D. Klassen, Secretary