Ordinance 2879CITY OF ALAMEDA ORDINANCE NO. 2879
New Series
APPROVING AND AUTHORIZING THE SALE OF CITY OWNED PROPERTY
LOCATED AT 2834 ADAMS STREET, ALAMEDA, CALIFORNIA, AND
WAIVING THE THIRTY (30) DAY DELAY IN EFFECTIVE DATE
PURSUANT TO CHARTER SECTION 3 -12
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 of
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, Ordinance No. 2860, adopted by the City Council on July 17, 2001,
authorized acquisition by Quitclaim Deed that real property located at 2834 Adams Street,
Alameda, California; and
WHEREAS, it is in the City's best interest that the currently vacant property, which is in
need of foundation and termite repair, be sold, repaired and occupied, and that the proceeds from
the sale be placed in a trust account for senior citizen programs; and
WHEREAS, after listing the property and conducting two weekend open houses, the City
has received a purchase offer from Anthony P. Appleby and Joseph A Landry to purchase the
property located at 2834 Adams Street on an "as is" basis; and
WHEREAS, the buyer's offer is contingent on their loan approval through a commercial
lending institution at a certain interest rate, which loan approval shall expire within thirty days;
WHEREAS, Section 3 -10 of the City Charter requires the affirmative vote of four
members of the City Council and the adoption of an Ordinance in order to authorize a sale of real
property; and.
WHEREAS, pursuant to section 3 -12 of the City Charter, Council may, with a finding of
necessity and four votes of Council, waive the thirty (30) day delay in effective date of the
Ordinance; and
WHEREAS, in order to close escrow on this property within 30 days and avoid triggering
the contingency and loss of the loan, it is necessary to waive the thirty (30) day delay in effective
date pursuant to Charter Section 3 -12.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Alameda, upon
the affirmative vote of four members of the Council that:
Section 1. That the City of Alameda convey unto buyers Anthony P. Appleby and Joseph
A Landry, all that certain property known as 2834 Adams Street, Alameda, California.
Section 2. That the proceeds from the sale of the property will be placed in a trust
account established for a senior citizen program in compliance with the 1992 Court Judgment.
Section 3. That the City Manager or his designee is hereby authorized and directed to
execute, for and behalf of the City of Alameda, a deed conveying said real property to Anthony
P. Appleby and Joseph A Landry, and the City Clerk is directed to attest to the same.
Section 4. Pursuant section 3 -12 of the City Charter and the finding of necessity stated
above, this ordinance shall be in full force and effect immediately following the day of its final
passage.
Attest:
kaara W 'Sl
City Clerk
Pres
tv Council
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 2nd
day of April, 2002 by the following vote to wit:
AYES: Councilmembers Daysog, DeWitt, Kerr, and Mayor Appezzato - 4.
NOES: None.
ABSENT: Councilmember Johnson - 1.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this
3rd day of April, 2002.
Gck,f,r
, .
L ara Weisiger, City Clerk
City of Alameda