Loading...
Res H-18-01RESOLUTION NO. H-18-01 A RESOLUTION OF THE POWAY HOUSING AUTHORITY APPROVING THE PURCHASE OF CERTAIN REAL PROPERTY LOCATED AT 12207 AND 12237 OLD POMERADO ROAD FROM THE CITY OF POWAY, AND RELATED ACTIONS WHEREAS, the Poway Housing Authority (the "Housing Authority") was formed to provide decent, safe and sanitary housing in the City of Poway; WHEREAS, the City of Poway (the "City') is the owner of two (2) real property parcels totaling approximately 1.7 acres and located at 12207 and 12237 Old Pomerado Road in the City of Poway, and shown in the attached Exhibit "A" — Vicinity Map (collectively the "Property"); WHEREAS, the Housing Authority desires to purchase the Property from the City for a purchase price of $820,000 (Purchase Price), which represents the undiscounted fair market value of the Property; WHEREAS, the Housing Authority and the City have prepared a proposed Purchase and Sale Agreement which provides for the sale of the Property to the Housing Authority for the Purchase Price and which provides that the Housing Authority would take title to the Property; WHEREAS, public notice of the Poway Housing Authority 's proposed purchase of the Property from the City was published in a newspaper of general circulation on December 28, 2017; WHEREAS, the purchasing of properties by the Housing Authority from the City is exempt from the California Environmental Quality Act (CEQA), pursuant to section 15061(b)(3) of the CEQA Guidelines, in that the sale of property between governmental agencies will not result in an impact on the environment. Future actions regarding the properties will be subject to further environmental assessment; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, BE IT RESOLVED by the Poway Housing Authority, as follows: Section 1: The foregoing recitals are true and correct and are a substantive part of this Resolution. Section 2: The Housing Authority has received and heard all oral and written objections to the Housing Authority's proposed purchase of the Property from the City, and to other matters pertaining to this transaction, and (finding such objections to be without merit) all such oral and written objections are hereby rejected. Section 3: The Housing Authority hereby approves the purchase of the Property from the City pursuant to the Purchase and Sale Agreement presented at this meeting and the transfer of fee simple title by grant deed or other deed of the Property from the City to the Poway Housing Authority is hereby accepted. Resolution No. H-18-01 Page 2 Section 4: The Housing Authority hereby appropriates the sum of Eight Hundred Twenty Thousand Dollars ($820,000) from the Housing Authority Fund for the purpose of paying the Purchase Price for the Property. Section 5: The Housing Authority hereby authorizes and directs the Executive Director or designee to (i) take all actions, including payment of the Purchase Price, and to execute any and all documents, instruments, and agreements necessary or desirable on behalf of the Housing Authority, as approved by the Executive Director and the Housing Authority's legal counsel, including, without limitation, a grant deed, to implement and effectuate the purchase of the Property from the City, and to effectuate all other actions approved by this Resolution, including, without limitation, approving changes, implementations, or revisions to documents, instruments, and agreements as determined necessary by the Executive Director or designee and approved by the Housing Authority's legal counsel, and (ii) administer the Housing Authority's obligations, responsibilities, and duties to be performed pursuant to this Resolution and all documents, instruments, and agreements required by and for the purchase of the Property from the City. Section 6: If any provision of this Resolution or the application of any such provision to any person or circumstance is held invalid, then such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The Housing Authority declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion of this Resolution. Section 7: The adoption of this Resolution is not intended to and shall not constitute a waiver by the Housing Authority of any constitutional, legal or equitable rights that the Housing Authority may have to challenge, through any administrative or judicial proceedings, and any and all related legal and factual issues, and the Poway Housing Authority expressly reserves any and all rights, privileges, and defenses available under law and equity. Section 8: This Resolution shall take effect upon the date of its adoption. PASSED, ADOPTED AND APPROVED by the Poway Housing Authority, at a regular meeting this 9th day of January 2018. Steve Vaus, Chairman Poway Housing Authority ATTEST: 4a„ we Na cy a eld, CMC, Secretary Poway Housing Authority Resolution No. H-18-01 Page 3 STATE OF CALIFORNIA ) ) SS COUNTY OF SAN DIEGO ) I, Nancy Neufeld, Secretary of the Poway Housing Authority Secretary, do hereby certify under penalty of perjury that the foregoing Resolution No. H-18-01 was duly adopted by the Commissioners' at a meeting of said Housing Authority held on the 9th day of January 2018, and that it was so adopted by the following vote: AYES: CUNNINGHAM, GROSCH, LEONARD, MULLIN, VAUS NOES: NONE ABSENT: NONE DISQUALIFIED: NONE YZ � I &Z a cy ut d, CIVIC, Secretary Poway Housing Authority Resolution No. H-18-01 Page 4 Exhibit A Vicinity Map