Ordinance 2860 and Staff ReportCITY OF ALAMEDA ORDINANCE NO.2860
AUTHORIZING ACQUISITION BY QUITCLAIM DEED
THAT REAL PROPERTY AT 2834 ADAMS STREET, ALAMEDA
WHEREAS, in a 1992 court approved Judgment of Distribution and pursuant to the 1990
Will of Margaret Howard- LaVoie, real property at 2834 Adams Street in Alameda, California was
devised to Avis and Roger Jones in the form of a life estate; and
WHEREAS, pursuant to the 1992 Judgment and the 1990 Will, upon the death or departure
of Avis and Roger Jones from the residence at 2834 Adams Street, the property would be distributed
to the City of Alameda to be used for a senior citizen program; and
WHEREAS, Avis and Roger Jones have decided to move from the property and relocate to
Ohio; and
z WHEREAS, Avis and Roger Jones have agreed to sell the remainder of their life estate to
the City for $3,000 and to execute a quitclaim deed to the City for the property located at 2834
E= Adams Street; and
1-
WHEREAS, the City intends to use the real property in a manner consistent with the terms
Ems- of the 1992 Judgment and 1990 Will for the benefit of a senior citizens program; and
V
WHEREAS, pursuant to section 3 -10 of the City of Alameda City Charter, all acts of the
Council imposing penalties, prescribing public regulations, granting franchises, or providing for
the acquisition, transfer or lease for a period longer than one year, of real property, shall be by
ordinance.
NOW, THEREFORE, BE IT ORDAINED by the City Council that:
Section 1. Pursuant to City Charter Section 3 -10, the City Council hereby authorizes
acquisition from Avis and Roger Jones, in exchange for $3,000, the remainder of their life estate
interest in the property at 2834 Adams Street; and that the property be used by the City for the benefit
of a senior citizens program.
Section 2. The City Manager or his designee is hereby authorized to execute the quitclaim
deed on behalf of the City of Alameda in substantially similar form to the one attached to the staff
report presented to City Council on July 3, 2001.
Section 3. This ordinance shall be in full force and effect, from and after the expiration of
thirty (30) days from the date of its final passage.
Presiding I er o i th i' i -' 'Coe il
Attest: p
r V ' ^1
City Clerk
I, the undersigned, hereby certify that the foregoing Ordinance was duly and regularly
adopted and passed by the Council of the City of Alameda in a regular meeting assembled on the
17th day of July, 2001 by the following vote to wit:
AYES: Councilmembers Daysog, DeWitt, Johnson, Kerr and
Mayor Appezzato - 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
18th day of July, 2001.
i_614(-6, 6")
Lara Weisiger, Acting City Clerk
City of Alameda
City of Alameda
Inter - department Memorandum
June 28, 2001
TO: Honorable Mayor and
Councilmembers
FROM: Robert L. Wonder
Assistant City Manager - Operations
RE:
Background
Consideration of Devise of Property at 2834 Adams Street to the City of Alameda
and Introduction of Ordinance Approving Acquisition of Real Property to be Used
for a Senior Citizen Program
Pursuant to a 1990 will and a 1992 court- approved Judgment of Distribution, Mrs. Margaret
Howard - Lavoie granted property she owned at 2834 Adams Street in Alameda to tenants Avis
and Roger Jones. The will and Judgment provides Avis and Roger Jones with a life estate which
allowed them to reside at the property until their deaths or until they moved from the residence.
Upon their deaths or upon their vacating the property, the Will and Judgment provides that the
property is to be distributed to the City of Alameda to be used for a senior citizen program. On
June 3, 2001, the Joneses moved from 2834 Adams Street and relocated to Ohio to be closer to
their relatives. Since the Joneses are no longer living at the residence, the property shall now be
distributed to the City of Alameda.
Discussion/Analysis
The subject two bedroom, one bath, single family home with a detached garage was built in
1905. According to court documents, the property had an estimated value of $200,000 in 1992.
Based on recent real estate market trends, we believe its value is greater now. Staff has
performed a preliminary inspection of the property and the residence. Due to the age of the
building, if the City were to keep the property, renovation work would be required to bring the
residence to current building standards. Thus, City staff will be evaluating alternatives for the
property, including selling the property and placing the proceeds in trust as an endowment for
senior citizen programs at the Mastick Senior Center.
The City Attorney's Office has been in contact with Mr. and Mrs. Jones. The Joneses have
agreed to execute a Quit Claim Deed to the City in exchange for $3,000 representing the
remainder of their life estate interest in this property. They would also be reimbursed for
continuing their property insurance premium coverage for approximately four months while the
property is being transferred to the City. Staff believes this to be a fair and equitable settlement
for all parties concerned and that this is the best way to transfer clear title to the City.
Re: Introduction of
Ordinance #4 -H CC
7 -3 -01
Honorable Mayor and Page 2
Councilmembers
FISCAL IMPACT
Funds are available to cover the appropriation and expenses required for the transfer of this
property to the City of Alameda from the fund balance remaining in the FY 2000/01 Recreation
and Park Department Budget.
RECOMMENDATION
It is recommended that the City Council consider the devise of property at 2834 Adams Street,
approve the appropriation of expenditures for the acquisition of the property, introduce an
ordinance approving the acquisition of real property at 2834 Adams Street in the City of
Alameda, and execution of a Quit Claim Deed in substantially similar form to the one attached
hereto.
Respectfully submitted,
Robert L. Wonder
Assistant City Manager — Operations
RLW:SO:bf
Attch.
•' 4 DED:
so /a:2834Adams.rpt
e Ota
Recr.. ! n & Park Director
RECORDING REQUESTED BY:
City of Alameda, a municipal corporation
WHEN RECORDED, MAIL TO:
James M. Flint, City Manager,
2263 Santa Clara Avenue, Room 320
Alameda, CA 94501
Recorder's Use Only
QUITCLAIM DEED
Avis Jones and Roger Jones, pursuant to the Judgment of Final Distribution in the Matter of the
Estate of Margaret Ethel Howard - Lavoie (attached herein and incorporated hereto) hereby
remise, release and forever quitclaim to the City of Alameda all that real property in the County
of Alameda, State of California, described as:
Beginning at a point on the southwestern line of Adams Street, distant thereon 145 feet 1 inch
northwesterly from the point of intersection thereof with the northwestern line of Mound,
running thence northwesterly along said line of Adams Street, 35 feet to the southeastern line of
Bishop Street, 100 feet; thence at right angles, southeasterly 35 feet and thence at right angles,
northeasterly 100 feet to the point of beginning.
Being a portion of Block 48, Map of Alameda Surveyed and drawn by J.T. Stratton, 1853, filed
Map Book 6, Page 1, Official Records.
Assessor's Parcel No. 69 -48 -1
(Commonly known as 2834 Adams Street, Alameda, Calif.)
Witness my hand this day of , 2001,
Signature
Roger Jones
Signature
Avis Jones
NOTARIAL ACKNOWLEDGMENT
STATE OF
COUNTY OF
On, , 2001, before me,
NOTARY PUBLIC, personally appeared Roger Jones and Avis Jones, personally known to me
(or proved to me on the basis of satisfactory evidence) to be the persons whose names are
subscribed to within the instrument and acknowledged to me that they executed the same in their
authorized capacities, and that by their signatures on the instrument the persons, or the entity
upon behalf of which the persons acted, executed the instrument.
WITNESS my hand and official seal.
Signature
City of Alameda
Inter - department Memorandum
June 6, 2001
TO: Robert L. Wonder
Assistant City Manager - OPS
FROM: Julie Harryman
Deputy City Attorney
•
RE: Devise of Property at 2483 Adams Street to the City of Alameda
Pursuant to a 1990 will and a 1992 court- approved Judgment of Distribution, the
property at 2483 Adams Street in the City of Alameda has been devised to the City. of Alameda "to
be used for a senior citizens program." The property at issue consists of a 912 square foot residence
with two bedrooms and 1 bath on a 3,500 square foot lot. The residence was constructed in 1905.
I am writing this memo to you in order to provide you with background information
and to give you the keys to the residence on the property. I will also provide you with copies of the
Last Will and Testament, the Judgment of Distribution, and other articles /documents which were
recently received by the City Attorney's Office.
Background
Avis and Roger Jones resided at 2483 Adams Street in Alameda for thirty -two years.
The Joneses leased the residence at 2483 Adams Street from Mr. and Mrs. Roger Howard of Lake
County. The Howards charged the Joneses $80 a month in rent. According to the Joneses, Mr.
Howard died in approximately 1980. He left the property to his wife, Margaret Howard. In 1990,
Margaret died. In her will, she gave Avis and Roger Jones a life estate in the property at 2483
Adams Street. The will further provided that upon the deaths of Avis and Roger Jones or upon their
departure from the residence, the property would be distributed to the City of Alameda "to be used
for a senior citizens program. "'
' In 1992 the Superior Court for Lake County issued a Judgment of Final Distribution
which similarly provided Roger and Avis Jones with life estates. The Distribution specifically
stated that "[u]pon the last of them to die [Roger or Avis Jones], or if neither are living on the
property, the property shall be distributed to the City of Alameda to be used for a senior citizens
program."
Robert L. Wonder, Assistant City Manager
Devise of Property at 2483 Adams Street
' June 6, 2001
Page 2
On June 3, 2001, the Joneses moved from their Alameda home and relocated to Ohio.
The Joneses, who are in their mid -70's and are in ill - health, wanted to move to Ohio to be closer to
their relatives. According to the language in both Ms. Howard's Last Will and Testament and the
Judgment and Final Distribution filed with the Lake County Superior Court, because the Joneses are
no longer living at the residence, the property shall now be "distributed to the City. "2 Therefore, I
am turning this matter over to you. Should you have any legal questions regarding this matter, e.g.,
whether the City can use the property in a certain manner given the restriction that the property be
used "for a senior citizens program," please let me know and we will research those issues for you
as they arise. In the meantime, our office intends to contact Roger and Avis Jones in Ohio and ask
them to sign a quitclaim deed transferring their interest in the property to the City.
On a final note, the Joneses advise that the property taxes have been paid for the year
but that they canceled the insurance on the residence as of July 7, 2001. The Joneses notified the
following companies that they were vacating the premises and wished to terminate service: PG &E,
EBMUD, AP &T, Pacific Bell, and the recycling and garbage providers. The Joneses do not have
a new telephone number yet but can be reached at their new address of 2424 Royal Meadow Lane,
Grove City, Ohio, 43123. They may also be reached through their nephew, Scott L. Pike. His
address is 12446 Oak Drive, Orient, Ohio. His phone numbers are as follows: Home (614) 877-
9665; Work (614) 292 -0743; Pager (614) 646 -7259.
Please contact me if you have any questions or require further information.
lie Harryman
eputy City Attorney
2 As further background information, about a month prior to vacating the residence, the
Joneses contacted the City Attorney's Office in order to ask if the City would be willing to pay
them $3,000 for the remainder of their life estate. At that time, the Joneses did not intend to
leave the property and move to Ohio until mid to late June. Our office advised them that before
the City could decide what it would do with the property-- -and whether it might pay them the
$3,000 they requested - - -we would need to research the restriction provided in the will and
research whether the $3,000 would constitute a gift of public funds. As it turned out, the Joneses
decided to move to Ohio earlier than originally planned. On May 31, 2001, the Joneses turned
over the keys to the residence to the City Attorney's Office.
Robert L. Wonder, Assistant City Manager
Devise of Property at 2483 Adams Street
enclosure
cc: w/o enclosures
City Manager
Assistant City Manager C &ED
Assistant City Attorney - Highsmith
Risk Manager
Chief of Police
Acting Fire Chief McNeil
Development Services Director
Housing Authority Executive Director
Public Works Director
Recreation & Park Director
Community Development Director
G:UULIE\2ADAMS. WPD
June 6, 2001
Page 3