HomeMy WebLinkAboutResolution No. 7852• a
RESOLUTION NO. 7852
RESOLUTION OF THE AZUSA CITY COUNCIL ESTABLISHING THE AMOUNT OF
JUST COMPENSATION AND AUTHORIZING MAYOR TO EXECUTE AN OPTION TO
PURCHASE AGREEMENT CONCERNING THE PURCHASE OF AN 1887 QUEEN ANNE
VICTORIAN HOME, KNOWN AS THE GLADSTONE HOUSE (LOCATED AT 960 E.
GAILLARD STREET).
WHEREAS, the City of Azusa is committed to Historic Preservation
and is searching for a facility to be used as its Heritage House
and Museum; and
WHEREAS, the Gladstone House is the last historic victorian
structure left in Azusa and could be used as a Heritage House and
Museum; and
WHEREAS, the acquisition and relocation of this structure to City
Park is not only consistent with the historic preservation
element of the City's General Plan; and
WHEREAS, the California Administrative Code, Title 25, Chapter 6,
requires that a Fair Market Value be established by a competent
and independent appraiser which serves as the basis for the
amount of Just Compensation; and
WHEREAS, the Gladstone House structure, owned by Mr. Dennis King,
has been appraised by one independent appraiser in a competent
manner in accordance with the Act and other applicable
regulations; and
WHEREAS, the Fair Market Value for the structure has been
established at $190,000; and
WHEREAS, Mr. King has offered to sell the structure at $100,000
according to an Option to Purchase Agreement here to referenced
in exhibit A; and
NOW, THEREFORE BE IT RESOLVED, that the Azusa City Council
determines that the amount of just compensation to be $100,000
for the Gladstone House (960 E. Gaillard Street) and authorizes
the Mayor to execute the Option to Purchase Agreement hereto
referred in exhibit A effective December 17, 1985.
APPROVED AND ADOPTED THIS 6TH DAY OF JANUARY, 1986.
EUGENE F. MOSES
MAYOR OF CITY OF AZUSA
I hereby certify that the foregoing resolution was duly adopted
by the City of Azusa at a regular meeting thereof held on the 6th
day of January, 1986 by the following vote of the Council:
AYES: COUNCILMEMBERS: CRUZ,
NOES: COUNCILMEMBERS: NONE
ABSEN O N ILMEMBERS. NONE
AD PH SOTAS
CITY CLERK
COOK, CAMARENA, LATTA, MOSES
•
STATEMENT OF THE BASIS FOR THE DETERMINATION OF JUST COMPENSATION
The Determination of Just Compensation is based upon the Fair
Market Value established by two qualified independent appraisers.
The generally recognized definition of Fair Market Value in
California is:
"the highest price on the date of valuation that would be
agreed by a seller, being willing to sell but under no
particular or urgent necessity for so doing and a buyer,
being ready, willing and able to buy but under no
particular necessity for so doing, each dealing with the
other with full knowledge of all the uses and purposes for
which the property is reasonably adaptable and available"
(See California Code of Civil Procedure 1263.320)
Property Description: The subject property is identified as Lot
1, Tract No. 27825 as recorded in Map Book 698, Pages 43 and 44
of the Official Records of the Courts of Los Angeles, State of
California.
Improvements Covered by the Offer:
Buildings: (As per attached Description of Improvements)
Land and above mentioned improvements ......... $100,000.00
Based upon the Fair Market Value established by two independent
appraisals and the City's inspection of the subject parcel, the
above mentioned amount is believed to be just compensation for
the subject property. Therefore, the City of Azusa's
determination of just compensation is not less than its approved
appraisal of the Fair Market Value of the property. The Market
Data and Value Approaches were the basic methods of estimating
value.
The Offer of Just Compensation disregards any decrease or
increase in the Fair Market Value of the subject property caused
by the projects of the City of Azusa or the Community Development
Block Grant Program, or by the likelihood that the property would
be acquired for such projects, other than that due to physical
deterioration within the reasonable control of the owners.
Further, the appraisals and determination of just compensation do
not reflect any consideration of, or allowances for, any
relocation assistance and payments under Title I of the Uniform
Relocation Assistance and Real Property Acquisition Policies Act
of 1970, Chapter 6, Title 25 of the California Administration
Code, Section 7262 of the California Government Code, Section
1263.010 of the California Code of Civil Procedures or the City
of Azusa's agreement to pay certain settlement costs.
The City recognizes that, under certain circumstances, special
interests in the real property it proposes to buy, e.g.
easements, leaseholds, tenant -owned improvements, life estates
and water, gas, oil or mineral rights, may belong to parties
other than the recorded title holder. In such cases, the City,
after appropriate investigation of the various interests, may
apportion its offer of just compensation in accordance with the
respective interests of each of the parties involved. The owner,
tenant and any other party, or parties with interests, must be in
full agreement about any apportionment before the City can
conclude an acquisition.
• 0
Accordingly, the basis for the determination of just compensation
does not include any apportionment for any un -disclosed
interest(s) of the type described but rather, reflects a
determination based on the City of Azusa's review of independent
appraisals made on the subject parcels.
• EANIIW7- A •
JOHN CUTLER & ASSOCIATES
ACQUISITION AGENT'S REPORT
DATE: IZ-V744 '
PROJECT: rlodlE CCAS,&6 ) /�
PARCEL NO: /C!+✓G NEGOTIATOR (9//%4!
ENCLOSED:
Agreement of Purchase
Grant Deed
Rent Statement
Receipted Copy of Offer Letter
Statement of Identity
Quitclaim Deed From
Quitclaim Deed From Tenant to
Seller's F & E
Quitclaim Deed From Seller to
Tenant's F & E
Demand/No Demand Letter
SD77" iD
Property Address: /r%O 6,1/1/G/°l
Seller's Name: odfuW.c `W kw.
Seller's Address: fgy /V G!/ErreiD4E /{r/6
Phone No.
Date Owner Signed /�—/7—cS'J Date Escrow to Close ;at
Mail check to:
BENFFTCTARY - TRUST DEED
FIRST
Name • /V 41
Address:
Loan No
PROPERTY DATA
SECOND
Name:
Address:
Loan No.
Improvements: ( ) Unimproved (V) Improved - No. Units SF/e
Manager's Name: �L `/dY Phone No
Address:
Furniture owned by:
Tenancy Information (Leases - Month to Month)
Utilities paid by
Disposition
Remarks:
Aff.,12rI7- gs-bo-d�o ro ,B� ns.�D� cvar i.✓ 30 o.�t.
REAL ESTATE OPTION
This Agreement, made and entered into this 17th day of December 1985
by and between DENNIS W. KING hereinafter called Optionor and CITY OF AZUSA,
CALIFORNIA, hereinafter called Optionee.
WITNESSETH:
In consideration of the payment by Optionee of the sum of TWO THOUSAND
FIVE HUNDRED (52,500.00) DOLLARS, lawful money of the United States, receipt
whereof is acknowledged by Optionor, Optionor hereby gives to Optionee the
EXCLUSIVE RIGHT OR OPTION for a period to and including 5 P.M. of the 1st day of
July, 1986 (time being of the essence of this option) to purchase that certain
residential structure hereinafter described, and Optionor agrees to sell and convey
to Optionee that certain residential structure in the City of Azusa, County of Los
Angeles, State of California, located on the following described real property,
commonly known as: 960 East Gaillard Street, Azusa, California, upon the following
terms and conditions: (Legal description attached as Exhibit "A")
(1) The purchase price thereof shall be the sum of ONE HUNDRED THOUSAND
($100,000.00) Dollars, which shall be payable as follows:
(a) The sum of ONE HUNDRED THOUSAND ($100,000.00) Dollars shall be in
cash. If the option to purchase said real property is exercised by Optionee in
accordance with the terms and provisions hereinabove contained, the sum of
$2,500.00 paid as consideration for this option shall be considered as payment on
account of the cash portion of the purchase price.
(2) If Optionee wishes to exercise this option he shall, at his election,
either give written notice thereof to Optionor by depositing in the United States N
mail, postage prepaid, on or before 5 P.M. of July 1, 1986, a written notice
addressed to the Optionor at 739 N. WESTRIDGE AVENUE, GLENDORA, CALIFORNIA 91740,
and stating his intention to exercise this option, or he shall, on or before 5 P.M.
of July 1, 1986, serve upon Optionor a written notice of his intention to exercise
his option.
(3) It is hereby agreed that within Thirty (30) days after the date of
this agreement, the Optionee will deposit the $2,500.00 referred to hereinabove
with the escrow department of Bank of America, Azusa Branch. Upon the Optionee
exercising this option escrow instructions incorporating the terms and conditions of
the sale shall be developed and executed by both parties. Said escrow shall be for
the term of 30 days or until such time that the California State Legislature adopts
the budget for fiscal year 1986-1987.
(4) In addition to the purchase price referred to hereinabove, the
Optionee agrees to complete the following additional items as part of the purchase
agreement:
1. The Optionee will fill in the 8 foot cellar at 960 E.
Gaillard after the structure is removed.
2. The Optionee will return the stained glass windows to the
Optionor after they are replaced.
3. The Optionee will offset the Optionor's building fees to
the maximum amount of $3,500.00.
4. The Optionee will acknowledge the Optionor for selling the
structure to the Optionee for historic preservation purposes.
(5) This agreement shall be binding upon and inure to the benefit of the
heirs, executors, administrators and assigns of the Optionor and of the Optionee,
respectively.
(6) If Optionee shall fail to notify Optionor within the life of this
option, of his election to purchase hereunder or if, after giving such notice,
Optionee shall either fail to execute the escrow instructions within the time
herein limited or shall fail to make the deposit of the purchase price in escrow
with said escrow holder within the time limit therein provided, this option shall
be thereafter null and void, Optionor shall no longer be bound thereby, and the
amount paid as consideration for this option ($2,500.00) shall be retained by
Optionor as full consideration for granting this option and for holding the
hereinabove described real property for the hereinabove mentioned time. However,
if Optionee shall duly elect to exercise his option in accordance with the terms
thereof and shall comply with all of the terms and provisions of this option
agreement on his part to be performed, then said sum of $2,500.00 paid as
consideration for this option shall be credited upon the cash portion of the
purchase price.
DAE; / 1�S/
W,
D IS W. KING
CITY OF AZUSA
BY:
0
LEGAL DESCRIPTION
Lot 1 of Tract 27825, in the city of Azusa, as per map recorded
in Book 698 Pages 43 and 44 of Maps, in the office of the county
recorder of said county.
Exhibit "A"
Mr. Lloyd Wood -5- August 15, 1985
Utilities and Services: All normal public utilities and
public services are available to
the site in the adjacent public
street and are apparently connected
to the property.
Access and Offsites: Access is provided via a public
street which is fully asphalt paved
with concrete curbs, gutters and
sidewalks in place. A concrete
driveway apron leads to the subject
31 site. Street lights are in place
here.
Improvements (6laCLS--,,e F}suse)
The subject property is improved with a three story, plus
basement, single family residence reported to be built in
1887. The home has a living area of approximately 3_L250±
sf. There is no garage or carport on property. This data
is based on information supplied us by the Los Angeles
County Assessor's Office, from City of Azusa records, and by
our physical inspection.
The home is of wood frame and clapboard siding construction.
It sits on a raised perimeter stone and concrete wall. The
multi-facaded roof lines are covered with asbestos shingles.
The layout of each of the three floors in this building are
shown on the sketches which follow. These sketches, while
not to scale, do accurately depict the room configuration
and layout.
In the mid -1940's this home apparently underwent extensive
renovation including new electrical and plumbing systems as
well as a hot water system and a furnace. Since that time
the subject property has had an apparent normal level of
maintenance.
The raised first floor has a covered porch which extends
around the front of the building. An enclosed spa is
located in an alcove off of the porch. The room count here
includes a living room, library, dining room, kitchen, a
bath and one-half, and a utility porch. There are three
fireplaces here. A central hallway which leads to the
internal wood staircase leading to the second floor.
Reached from the first floor is a basement which encompasses
some 400+ sf. The basement has stone walls and a finished
31 concrete floor and exposed. wood beam rafters. It houses a
heating unit.
I
Mr. Lloyd Wood -5- August 15, 1985
The second floor has four bedrooms, two with fireplaces, a
central hallway a bathroom and several closets, including a
walk in closet. The third floor, which is connected to the
second floor by a narrow wooden staircase is divided into
two bedroom areas and a small central hallway. In addition,
there is a walkin attic area here as well as two closets.
The attic houses a heating unit.
The subject home has its back to Gaillard Street. This is
so because when it was constructed in the late 1800's the
land then under the subject ownership apparently extended
south to Gladstone Street and consequently the home was
oriented to the south. Gaillard Street did not exist at
that time.
Basic floor covering throughout the home is of finished
hardwood. The bathrooms have linoleum floor covering as
does the porch. Most of the walls and ceilings are of
painted plaster. Some of the ceilings such as in the living
room, are of finished wood as well. Most of the windows are
of the double hung wood sash type. Several of the exterior
windows as well as the window glass frames in the interior
of the home have been inserted with contemporary stained
glass.
Heating is by forced air units. Each room has ceiling
chandeliers. A 75 gallon hot water heater serves the home.
Each room also has heavy wood molding which in many cases
extends around the doors and around the ceiling perimeter,
as well as the floor perimeter.
The site has an asphalt paved driveway which leads from
Gaillard Street adjacent to the home. The front yard is
enclosed with a chain link fence with a top rail. The
interior perimeters of the site are developed with concrete
block as well as wood fencing all of which is apparently
located on the adjacent properties. A concrete walk extends
around the front of the home. There is a grassed area both
in front and in back of the home as well as on its western
perimeter. There is no covered parking on the site.
The overall quality of the subject improvements is
24 considered to be quite good. The home has existed for more
than 100 years and still appears to be of sound quality.
F1
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*�
If
Mr. Lloyd Wood -6- August 15, 1985
r �
The home appears to be in average condition considering its
advanced age. It has an attractive exterior elevation and
the floor plan appears to be functional. The structure has
been situated on the site in such a manner that it provides
for adequate utilization of the land. However, as has been
previously noted, it is unusal in that the front of the home
faces the rear of the lot.
Zoning:
R -1C (Single Family Residential) as per City of Azusa Zoning
Ordinance.
This zone is the most dense of all of the single family
residential zones in the City of Azusa. It allows for a
single family residence on each 6,000 sf of land. Uses here
are restricted to residences.
Highest and Best Use:
Highest and best use is defined as that reasonable and
probable use that will support the highest present value, as
defined, as of the date of the appraisal. Alternately, it
is that use, from among reasonably and probable legal
alternate uses found to be physically possible,
appropriately supportive, finanacially feasible and which
results in highest land value.
In our opinion, the existing single family residential use
3� on this site represents the subject property's highest and
best utilization. This use is consistent with current
economic demand in the area, compatible with neighboring
environs and is in conformance with local land use policy.
Present Use and Occupancy:
The subject property has been utilized since its
construction as a single family residence.
At the present time the subject property is rented out to
tenants.
VALUATION
Approach to Value:
Considering that the single family residential use of the
subject site represents its highest and best utilization, we
believe that both the Market Data Approach has meaning in
the valuation of this property.
EJ