Resolution 14095CITY OF ALAMEDA RESOLUTION NO. 14095
AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY
OF ALAMEDA AND THE BOARD OF SUPERVISORS OF ALAMEDA
COUNTY, STATE OF CALIFORNIA, AND ALL NECESSARY ACTIONS TO
PURCHASE TAX-DEFAULTED PROPERTY (APN 74-955-91) FOR PARK
PURPOSES PURSUANT TO THE PROVISIONS OF DIVISION 1, PART 6,
CHAPTER 8 OF THE REVENUE AND TAXATION CODE
WHEREAS, it has recently come to the attention of the City Council that
certain real property adjacent to Towata Park, situated within the City of
Alameda, is Tax-Defaulted and is subject to the power of sale by the Tax
Collector of the County of Alameda for nonpayment of taxes, pursuant to
provisions of law; and
WHEREAS, the City Council finds it desirable to add additional land for
park purposes to Towata Park and has exercised its option to object to public
sale pursuant to Revenue and Taxation Code section 3695; and
WHEREAS, the sum to be paid for said property in defaulted taxes
($3,752.81) is below the fair market value of said parcel if acquired by other
means; and
WHEREAS, the requirements of the Revenue & Taxation Code requires
a resolution of the City of Alameda authorizing a purchase of tax-defaulted
property; and
WHEREAS, the regular requirement for the acquisition of real property to
be by ordinance is specifically deemed not to apply where property is being
acquired in satisfaction of a lien for taxes (City Charter section 3-10)
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Alameda, that the form of Agreement to Purchase Tax-Defaulted Property
(Alameda County Assessor's Parcel Number: 74-955-91), submitted to the City
Council in concert with this resolution, and the terms, conditions and covenants
therein be, and the same are hereby approved and authorized for execution by
the City Manager.
BE IT FURTHER RESOLVED by the City Council of the City of Alameda
that the City Manager of the City of Alameda is authorized to undertake all
actions reasonably necessary to facilitate, for and on behalf of the City of
Alameda, the purchase of tax-defaulted property bearing Alameda County
Assessor's Parcel Number 74-955-91. Said actions will include, but not limited
to, payment of the amounts required under the agreement, all related notice
and publication costs, all statutory requirements, and the execution of
necessary duplicate original agreements as required by law.
BE IT FURTHER RESOLVED by the City Council of the City of Alameda that this
resolution constitutes the City of Alameda's objection under Revenue and Taxation
Code section 3695 to a sale of the subject property to the public.
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I, the undersigned, hereby certify that the foregoing Resolution was duly and
regularly adopted and passed by the Council of the City of Alameda during the Regular
Meeting of the City Council on the 5th day of June 2007, by the following vote to wit:
AYES: Councilmembers deHaan, Gilmore, Matarrese, Tam
and Mayor Johnson - 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official `seal of
said City this 6th day of June, 2007.
Lara Weisiger, City Ierk
City of Alameda