HomeMy WebLinkAboutAGENDA REPORT 1990 0919 CC REG ITEM 08SBE- RNARDO M. PEREZ
Mayor
SCOTT MONTGOMERY
Mayor Pro Tern
ELOISE BROWN
Councilmember
CLINT HARPER, Ph.D.
Councilmember
PAUL W. LAWRASON, Jr.
Councilmember
LILLIAN KELLERMAN
City Clerk
TO:
FROM:
DATE:
SUBJECT:
OVERVIEW
__ , I_
MOORPA g
RK STEM
STEVEN KUENY
1A00RPA W_ CAURMPOA F °P _ ° i City Manager
M"*1A o CHERYL J. KANE
City Attorney
of 1 i o PATRICK RICHARDS, A.I.C.P.
o v Director of
ACTION: Community Development
R. DENNIS DELZEIT
01 A City Engineer
JOHN V. GILLESPIE
Chief of Police
RICHARD T. HARE
City Treasurer
M E M O R A N D U M
The Honorable City Council.
Kenneth C. Gilbert, Director of Public Works
September 10, 1990 (Council Meeting 9- 19 -90)
County Acquisition of Tax Delinquent Property
(Remnant Parcel: Arroyo Simi River Bed)
This presents for approval, the intended acquisition by the
Ventura County Flood Control District ( VCFCD) of a tax - default
parcel of land within the City.
DISCUSSION
The property shown on the attached map is being offered for sale
by the County Tax Collector for non - payment of delinquent taxes.
The parcel in question is a remnant parcel of land in the Arroyo
Simi river bed at the westerly edge of the City. The VCFCD has
expressed an interest in acquiring this piece of property. The
purchase price is $400.
Section 3775 of the Revenue and Taxation Code of the State of
California states that the City shall approve of the amount of
such a tax sale whenever a State or County Agency is the
purchaser. According to County Officials, the purpose of this
statute is to allow cities so affected to become advised of the
amount of the delinquent municipal taxes to be recovered. [City
of Moorpark taxes owed on this parcel amount to $0.49.] The
statute also gives cities an opportunity to consider acquisition
of the property in question for murici.pal purposes.
RECOMMENDATION
Approve the subject sale and authorize the Mayor to execute
appropriate documents relating thereto.
799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864
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PUBLIC WORKS AGENCY
Representing Ex- officio:
Ventura County Flood Control District
Ventura County Waterworks Districts
No 1 ,16,17, and 19
Lake Sherwood Community Services District
Fox Canyon Groundwater Management Agency
August 20, 1990
Lilly Kellerman, City Clerk
City of Moorpark
799 Moorpark Avenue
Moorpark, California 93021
Director
Arthur E. Goulet
Deputy Directors
John C Crowley
Water Resources/ Development
Al F. Knuth
Transportation
T. M Morgan
Engineering Services
G.J. Nowak
Flood Control
Paul VV Ruffin
Central Services
SUBJECT: ARROYO SIMI TRACT 365F, TAX DEFAULTED PROPERTY
Dear Ms. Kellerman:
Enclosed you will find copies of an Agreement to Purchase
Tax Defaulted Land and a map showing the location of the
parcel involved. This Agreement provides for the-Ventura
County Flood Control District_ to purchase the parcel, which
is located within the Arroyo Simi flood control channel,
for the amount of the delinquent taxes and other costs
totalling $400.00.
Since the property is within the Moorpark City limits, City
officials must consent to the purchase before the sale can
be effected. Please have the appropriate parties execute
all copies of the Agreements and return them to my care for
further processing. You may keep one of the copies for
your files.
If you should have any questions, please call me at (805)
654 -2082.
Thank you for your assistance.
Sincerely,
Al
Mary Sanocki
Real Property Agent
Real Estate Services Division
Central Services Department
MS: arb — RECEIVED dom
Encls. AUG 2 3 1090
tor J" "Ve[,� it,i, _A ')3009 City Oj Moorpark
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Ventura aunty Assessor s Mai
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Assessors =1 N1A6Eers Shown in Circler.
7 A Everett Sub, RS Bk. 1, Pg. 53 Assessors Mina l AAv bwS Sho�R;n sq-ms
EASEMENT PER P.W. MAP
(36310)
(F) 17.56 Fremont Troct, RM. Bk. 3,Pg. 39
Rancho Simi, R.' M. Bk. 3, Pg.7
Bk.
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DATE. -26 -63
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§ 3772.5 PROPERTY TAXATION -TAX SALES
§ 3773. Property subject to power of Sale; rights of city, taxing agency,
or revenue district
Whenever property becomes subject to a power of sale pursuant to Section
3691 for taxes, including taxes levied by a city or any taxing agency or for a
revenue district the taxes of which are collected by county officers, the city or
taxing agency or revenue district has all the rights under this chapter of a
taxing agency to which property has been deeded for taxes.
(Stats.1939, c. 154, p. 1342, § 3773. Amended by Stats.1943, c. 669, p. 2427, § 4;
Stats.1985, e. 316, § 35.)
Historical Note
The 1943 amendment referred to taus levied Section 3691' for "a deed to the State" and
by a city "or asy taxing aasacy or for a rev,- including" for - includes ".
sue district' and to the rights of the city 'or �y PoLC. § 3897J. added Stets.
axLq Ramey er revenue district".
The IM amendment substituted 'property 1937, c. 916, p. 2522, § 2.
beoomes subject to a power of sale pursuant to
Cavan References
Revenue district defined, see § 122
Saks betwern taxing agencies, see § 3841.
§ 3774. state's rights
The State has all the rights under this chapter of a taxing agency to which
property her been deeded for taxes.
(Added by Stats.1943, c 669, p. 2428, § 5.)
WESI'IAW Electronic Research
See WFSTTAW guide following the Fore-
word of this volume.
Notes of Decisions
1. Purchase
Tax deeded land may now be purchased b
state even where deed is to the state only. 8
Ops.Atty.Geo. 280.
§ 3775. County or state as purchaser, price, payment
Whenever the county or the State is the purchaser the price shall be agreed
upon between the county board of supervisors and the State Controller and
94
DEED TO STATE, COUNTY, ETC. § 3775
Not. 1
1't. 6
the governing body of any city in which such property may be located and
such price shall be paid to the county tax collector for distribution.
(Added by Stats.1943, c. 669, p. 2428, § 6.)
Ubrary Referencea
Taxation x682, 683.
CJ S. Taxation §§ 816, 817.
Notes of Dee4fone
1. Validity of We alleged fact that city obtained a contract that
In action by owner of preaally which had been was detrimental to the county would not affect
which had state n for
been sold by the state Kto � City v. Staff (1948) 1877 Federated d 460. 82 CA2d83.
for $1 a parcel, to quiet title to the realty,
Article 2
PURCHASE FROM THE STATE
Section of cel sold;
3791. Taxing agency's agreement for purchase or option; part par
redemption right as to balance.
3791.3. Authority to purchase-
3791.4. Purchase by nonprofit organization of residential or vacant t.arzdefaulted
property: time to accomplish purposes
3791.5. Payments in lieu of taxes; agreements; distribution.
3792. Joint agreement for purchase.
3793. Taxing agency�s agreement for urchase or option; scope.
3793.5. Resale to private purc fistribution of
sale. rocees; terms of agreement.
3793.6. Taxing ag cy �Pe nv f purchase
3794. Option; duration. with rerGs
3794.2. Taxing agency's agreement for purchase or option; comparison w
3795. Taxing agency's agreement for purchase or option; copies; approval or
disapproval by controller.
3795.5. Nonprofit organization; agreement; conditions.
3796. Notice of agreement, authorization.
3797 Notice of agreement; contents.
3798. Notice of agreement; publication or posting.
3798.1 Notice of agr'eemenC posting; sale price under publication. cos
3799. Notice of agreement; mailing to last assesses and to parties of interest
acknowledgment or waiver of notice.
3800. Notice of agreement, cost.
3801. Notice of agreement; affidavit of giving: filing.
3802. Taxing agency%s agreement for purchase or option; effective date.
3803. Redemption; termination of rights; effect on agreement.
3804. Deed to purchaser.
3804.2. Deed; issuance of corrected deed in case of clerical error or misstatement of
fact; statement of reasons.
3805. Deed: contents.
3806. Deed; conclusive evidence; resale.
3807. Repealed.
3807.3. Proceeds and report on resale.
3807.5. Rescission of tax deed; failure to comply with §§ 3791.4 or 3793.5.
3807.8. Repealed.
3808. Payments; deposit; distribution.
95
Div. 1
Historical Note
The 1979 amendment rewrote the first sen-
1974 (P.L 93- 383). "; and changed the citation
tense which had read:
in the second sentence from "Pan I (wnim,no
"As used in this chapter, low- income per-
ing with section 9000)" to "Pan 2 (commencing
sons means persons and families whose in-
with Section 51 to)".
cote, does not exceed 120 percent of area
m edian income, with adjustments for family
The 1980 amendment rewrote, following "ac-
sine, as determined from time to time by the
quisition" in the second sentence the alterna-
Secretary of Housing and Urban Development
tive Including wbds. (a) and (b) which had
pursuant to subsection (f) of Section 8 of the
read: 'and rehabilitation of singlrfamily
Housing and Community Developeornl Act of
dwellings for sale to low- income persons'.
§ 3773. Property subject to power of Sale; rights of city, taxing agency,
or revenue district
Whenever property becomes subject to a power of sale pursuant to Section
3691 for taxes, including taxes levied by a city or any taxing agency or for a
revenue district the taxes of which are collected by county officers, the city or
taxing agency or revenue district has all the rights under this chapter of a
taxing agency to which property has been deeded for taxes.
(Stats.1939, c. 154, p. 1342, § 3773. Amended by Stats.1943, c. 669, p. 2427, § 4;
Stats.1985, e. 316, § 35.)
Historical Note
The 1943 amendment referred to taus levied Section 3691' for "a deed to the State" and
by a city "or asy taxing aasacy or for a rev,- including" for - includes ".
sue district' and to the rights of the city 'or �y PoLC. § 3897J. added Stets.
axLq Ramey er revenue district".
The IM amendment substituted 'property 1937, c. 916, p. 2522, § 2.
beoomes subject to a power of sale pursuant to
Cavan References
Revenue district defined, see § 122
Saks betwern taxing agencies, see § 3841.
§ 3774. state's rights
The State has all the rights under this chapter of a taxing agency to which
property her been deeded for taxes.
(Added by Stats.1943, c 669, p. 2428, § 5.)
WESI'IAW Electronic Research
See WFSTTAW guide following the Fore-
word of this volume.
Notes of Decisions
1. Purchase
Tax deeded land may now be purchased b
state even where deed is to the state only. 8
Ops.Atty.Geo. 280.
§ 3775. County or state as purchaser, price, payment
Whenever the county or the State is the purchaser the price shall be agreed
upon between the county board of supervisors and the State Controller and
94
DEED TO STATE, COUNTY, ETC. § 3775
Not. 1
1't. 6
the governing body of any city in which such property may be located and
such price shall be paid to the county tax collector for distribution.
(Added by Stats.1943, c. 669, p. 2428, § 6.)
Ubrary Referencea
Taxation x682, 683.
CJ S. Taxation §§ 816, 817.
Notes of Dee4fone
1. Validity of We alleged fact that city obtained a contract that
In action by owner of preaally which had been was detrimental to the county would not affect
which had state n for
been sold by the state Kto � City v. Staff (1948) 1877 Federated d 460. 82 CA2d83.
for $1 a parcel, to quiet title to the realty,
Article 2
PURCHASE FROM THE STATE
Section of cel sold;
3791. Taxing agency's agreement for purchase or option; part par
redemption right as to balance.
3791.3. Authority to purchase-
3791.4. Purchase by nonprofit organization of residential or vacant t.arzdefaulted
property: time to accomplish purposes
3791.5. Payments in lieu of taxes; agreements; distribution.
3792. Joint agreement for purchase.
3793. Taxing agency�s agreement for urchase or option; scope.
3793.5. Resale to private purc fistribution of
sale. rocees; terms of agreement.
3793.6. Taxing ag cy �Pe nv f purchase
3794. Option; duration. with rerGs
3794.2. Taxing agency's agreement for purchase or option; comparison w
3795. Taxing agency's agreement for purchase or option; copies; approval or
disapproval by controller.
3795.5. Nonprofit organization; agreement; conditions.
3796. Notice of agreement, authorization.
3797 Notice of agreement; contents.
3798. Notice of agreement; publication or posting.
3798.1 Notice of agr'eemenC posting; sale price under publication. cos
3799. Notice of agreement; mailing to last assesses and to parties of interest
acknowledgment or waiver of notice.
3800. Notice of agreement, cost.
3801. Notice of agreement; affidavit of giving: filing.
3802. Taxing agency%s agreement for purchase or option; effective date.
3803. Redemption; termination of rights; effect on agreement.
3804. Deed to purchaser.
3804.2. Deed; issuance of corrected deed in case of clerical error or misstatement of
fact; statement of reasons.
3805. Deed: contents.
3806. Deed; conclusive evidence; resale.
3807. Repealed.
3807.3. Proceeds and report on resale.
3807.5. Rescission of tax deed; failure to comply with §§ 3791.4 or 3793.5.
3807.8. Repealed.
3808. Payments; deposit; distribution.
95