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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