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COUNTY OF SAN MATEOInter-Departmental Correspondence |
Office of County Counsel |
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DATE: |
January 2, 2002 |
BOARD MEETING DATE: |
January 8, 2002 |
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TO: |
Honorable Board of Supervisors |
FROM: |
Thomas F. Casey III, County Counsel |
SUBJECT: |
Resolution Authorizing the Purchase of Real Property in Unincorporated El Granada from Michael D. McCracken, et al. and Anthony H. Eredia Trust, et al. (C.O.P. 2675) - |
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Recommendation |
1. |
Adopt a Resolution authorizing and directing the Board President to execute a Purchase and Sale Agreement for the acquisition of the Property in two stages, and to execute and record Certificates of Acceptance of any grants or deeds of real property as required to complete the acquisition. |
2. |
Approve an Appropriation Transfer Request for transfer of $2,885,000 from General Fund Non-Departmental Reserves to fund the acquisition and related closing costs. |
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Background |
The Mirada Surf property is comprised of approximately 50 acres of vacant land that is divided by Highway 1 into two parcels; APN 047-330-010 (the "Eastside Parcel") and APN 047-331-010 (the "Westside Parcel"). The property is zoned Resource Management/Coastal Zone (RM/CZ), and is designated for use as Open Space and Public Recreation in the General Plan. |
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By Resolution No. 64691 dated August 21, 2001, this Board authorized and directed the execution of an Agreement For Exclusive Rights To Negotiate And Purchase Certain Real Property ("ERN") for that property commonly known as Mirada Surf. The County and Seller have negotiated a purchase and sale agreement at a price of $6,000,000. The price and terms are supported by an independent appraisal. The Sellers are Michael D. McCracken, et al. and Anthony H. Eredia Trust, et al. |
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In the December 12, 2001 Planning Commission Hearing, the Planning Commission adopted a finding that the County's acquisition of the property conforms with the San Mateo County General Plan. |
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In compliance with Government Code Sections 25350 and 6063, of the form and in the manner provided by law, the Clerk of this Board has published a Notice of Public Hearing of the intent to purchase the Property once a week for a period of three weeks in the San Mateo Times, a newspaper of general circulation published in the County of San Mateo. |
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Discussion |
The purchase and sale agreement presented for the approval of this Board entitles the County to acquire the Property in two phases. In the first phase, one-half of the $250,000 paid to the Seller for the ERN will be applied to the acquisition of the Eastside Parcel. The remaining portion of the option consideration ($125,000) funds the option to acquire the Westside Parcel. |
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The agreement provides that the County will fund one-half of the total purchase price ($3,000,000 - $125,000 = $2,875,000) in January 2002. At that time, the County will take title to the Eastside Parcel. The County will then have 12 months to identify donors to fund the acquisition of the balance of the property, and that period can be extended for an additional six months by increasing the option consideration by $75,000. The option consideration will be applied to the purchase price. County will take title to the Westside Parcel upon payment of the balance of the purchase price. |
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The County is responsible for the costs of closing the transaction, including title insurance, escrow fees, transfer tax and recording fees. Such costs are estimated to be $10,000. |
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The final details of the Agreement are being worked out with the owners, and it is expected that final version of the Agreement executed by the owners and will be available very shortly. |
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Government Code Section 27281 provides that, in order for a deed or grant of real property to a government agency to be accepted for recordation, the agency must authorize the acceptance of the property by certificate or resolution. Authorizing the Board President to execute a Certificate of Acceptance is an administrative action needed to record the transfer. |
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Fiscal Impact |
Funds for the acquisition of the Eastside Parcel are available from General Fund Non-Departmental Reserves. The acquisition of the Westside Parcel will be accomplished if sufficient funding is raised via donations. If donations are not sufficient to complete the acquisition of the Westside Parcel within the time set forth in the Agreement, the balance of |
the ERN consideration will be retained by seller, and the County will have no further rights in relation to the Property. |
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_________________________________ |
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Thomas F. Casey III, County Counsel |
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Attachments |
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cc: |
John L. Maltbie, County Manager |
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Paul Scannell, Assistant County Manager |
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Marcia Raines, Director of Environmental Services Agency |
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Mary Burns, Director of Parks and Recreation |
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Steve Alms, Real Property Manager |