ATTACHMENT B
ATTACHMENT B
MEMORANDUM
April 30,
2021
TO: Amanda Thomas, Real Property Agent
Economic Development Department
FROM: Nicole D. Moore, LEED-AP, Planning Manager
Community Development Department
SUBJECT: CEQA N OE – EXCESS CITY PROPERTY: NOE25-21
The Comm
unity Development Department received a request to review the above-referenced project for conformity with the Stockton General Plan and make an environmental determination pursuant to the California Environmental Quality Act (CEQA). The City of Stockton is proposing to deem pr
operties as excess located at: 530, 534, 536 East Lafayette Street and 411 South Stanislaus (APNs 149-095-02; -03; -04 and 149-261-21); 7823 Amber Way (APN 077-300-02); 7826 Am
ber Way (APN 077-300-01); 1450 West Hammer Lane (APN 077-490-01); South Pointe property West Weber (APN 145-270-06; -09; -10 and 145-190-03); 25 North Grant (APN 149-180-17); 723
East Main Street (APN 149-180-21); Miner’s Levee (APN 137-410-09); 6 East Lindsa
y (APN 139-080-01); 20 East Lindsay (APN 139-080-02); and 345 North El Dorado (APN 139-080-04). See attachment A for specific locations.
In accordance w
ith Government Code §65402, the Community Development Department determines the proposed property sale is neutral in regard to conformity with the Stockton General P
lan. Abandonment of the easements has no effect on the adjacent development which has previously found to be in conformance with the Stockton General Plan.
It has
been determined by the Community Development Department that the action/project of both the City and of the Successor Agency are exempt from the requirements of the California Environmental Quality Act (CEQA) as the project has been granted a “Statutory Exemption” under articl
e 19 and, specifically by Section 15312, Class 12 of the State CEQA Guidelines. In accordance with Section 65402 of the Government Code, the Community Development Department further determined that the project or actions of the City and the Successor Agency conforms to the City’s General Plan designation for the site and with the General Plan Policy Docum
ent, as amended.
Upon approval by City Council, the Economic Development Department is advised to complete the attached Notice of Exemption (Attachment B) and file it with the San Joaquin County Clerk Office to ini
tiate a 35-day statute of limitations on court challenges. Please retain a copy of the original posted notice within the project file in the Economic Development Department project file.
By:
Nicole D. Moore, LEED-AP, Planning Manager
Attachments
Attachment A: Request and Project Location
Attachment B: Draft Notice of Exemption
Exhibit 1
ATTACHMENT B
CITY O F STOCKTON
NOTICE OF EXEMPTION
TO: COUNTY
CLERK FROM: Lead Agency
COUNTY OF SAN JOAQUIN City of Stockton
44 N. San Joaquin St., Ste. 2
60 c/o Economic Development Dept.
Stockton, CA 95202 400 E. Main St., 4th Floor
Stockton, CA 95202
NOTICE OF EXEMPTION PURSUANT TO PUBLIC RESOURCES CODE SECTION 21152(B) AND CALIFORNIA CODE OF REGULATIONS TITLE 14, SECTION 15062
PROJ
ECT DATA
Project Title: Ex
cess City Property
CEQA Exemption File No.: NOE25-21
Applicant: City of Stockton, Economic Development Department Project Description/Location: The City of Stockton is proposing to deem properties as excess located at: 530, 534, 536 East Lafayette Street and 411 South Stanislaus (APNs 149-095-02; -03; -04 and 149-261-21); 7823 Amber Way (APN 077-300-02); 7826 Amber Way (APN 077-300-01); 1450 West Hammer Lane (APN 077-490-01); South Pointe property West Weber (APN 145-270-06; -09; -10 and 145-190-03); 25 North Grant (APN 149-180-17); 723 East Main Street (APN 149-180-21); Miner’s Levee (APN 137-410-09); 6 East Lindsay (APN 139-080-01); 20 East Lindsay (APN 139- 080-02); and 345 North El Dorado (APN 139-080-04)
DETERMINATION/FINDIN
G OF EXEMPTION
The above-des
cribed activity/project is exempt from the environmental assessment requirements of the California Environmental Quality Act (CEQA) pursuant to the following section(s) of the State CEQA Guidelines (California Code of Regulations, Title 14):
The activity is not a "project" as defined in CEQA Guidelines Section 15378.
The activ ity is exempt under the "general rule" at CEQA Guidelines Section15061(B)(3).
X The project is "Statutorily Exempt" per CEQA Guidelines Section: 15312, Class 12 The project is "Categorically Exempt" per CEQA Guidelines Section 15301(c).
BASIS FOR F
INDING OF EXEMPTION
The activ ity does not qualify as a project and/or clearly could not have a significant effect on the environment and, therefore, CEQA does not apply.
X The activity constitutes a discretionary project under the Ci ty's jurisdiction and qualifies as a project which has been determined not to have a significant effect on the environme nt and, therefore, is exempt from the provisions of CEQA under the above-noted statutory or categorical exemption(s).
CARRIE WRIGHT, DIRECTOR April 30, 2021
PUBLIC WORKS DEPARTMENT (DATE OF PREPARATION)
By
AMANDA THOMAS, REAL PROPERTY AGENT (DATE OF FINAL APPROVAL) _____________________________________________________________________________________________
AFFIDAVIT OF FILING AND POSTING
I declare that on the date st
amped above, I received and posted this notice or included it on a list of such notices which was posted as required by California Public Resources Code Section 21152(B). Said notice or list of notices will remain posted for 35 days from the filing date.
___________________________________________ _________________________________________ _______ Signature Title
_________________________________________
Posting Period Ending Date
Exhibit 1
ATTACHMENT B
Exhibit 2
AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY
This AGREEMENT made and entered into on ____________ by and between Dru Hunt ("Buyer") and THE CITY OF STOCKTON, a municipal corporation in the County of San Joaquin, State of California , ("Seller")
IT IS AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS:
1. Seller agrees to sell and grant fee title to Buyer, and Buyer agrees to purchase from Seller, that certain real property located at 25 North Grant Street and 725 East Main Street , City of Stockton, County of San Joaquin, State of California APN’s 149-180-17 & 149-180-21 ("Property"), and described in Exhibit "A" attached hereto and incorporated by this reference, upon the terms and conditions set forth in this Agreement subject to those liens, encumbrances, conditions, restrictions, easements, and rights of possession of record.
2. The total purchase price to be paid by Buyer for the Property shall be the sum of SIXTY THOUSAND DOLLARS ($60,000). Buyer will make a deposit of SIX THOUSAND DOLLARS ($ 6,000) into escrow within two (2) days of mutual execution of this agreement. Deposit to become non -refundable upon expiration of the due diligence period.
3. Buyer agrees to accept the Property in its present "as is" condition based upon Buyer's own independent investigation of the Property and condition of title. Seller makes no representation or warranty as to the Property's present condition or suitability for present or future uses.
4. Cost of documentary transfer taxes, if any, shall be paid by Seller . The Cost of the CLTA insurance, Escrow fees, and Escrow Holder's customary out-of- pocket expenses for messenger services, long distance telephone, etc. shall be paid in equal parts by Buyer and Seller. Buyer to be solely responsible for any additional ALTA owner’s coverage requested on the property.
5. Taxes, assessments, penalties, interest charges, delinquency charges, and municipal service charges of any kind levied upon or assessed against the Property in the Seller's name, except as otherwise expressly set forth herein, shall be paid by Seller to the date of recording.
6. For the purpose of conveying the herein described fee title to Buyer, Seller shall execute, acknowledge and deliver a Grant Deed, for recordation with the San Joaquin County Recorder, to be used in accordance with this Agreement, upon completion by Buyer of all necessary conditions.
ATTACHMENT B
Exhibit 2
7. Buyer acknowledges and agrees that each part of the Property shall be conveyed subject to a deed restriction in satisfaction of Section 54233 of the California Government Code. The restriction shall be recorded with the San Joaquin County Recorder.
8. For the benefit of Buyer, the Close of Escrow and Buyer's obligation to consummate the purchase of the Property shall be contingent upon and subject to Buyer's approval of a Preliminary Title Report issued by Old Republic Title Company and Buyer will have ten (10) days from the date of this Agreement to approve the Preliminary Title Report. Buyer will have forty-five (45) days to perform its due diligence inspections and reviews. Buyer will have 10 days from the Effective Date of the agreement to request due diligence items from Seller and Seller will have 10 days to deliver requested items in its possession.
9. The Close of Escrow shall be no later than the first business day occurring sixty ( 60) days after the Effective Date of this Agreement signed by both Buyer and Seller . Each party agrees to execute escrow instructions as may be necessary or proper in order to consummate the transaction contemplated by this Agreement.
10. Buyer acknowledges that if desired, it will perform its own due diligence inspections of the property and agrees to hold the Seller harmless as to the condition of any improvements located on the property at time of close of escrow. Buyer agrees that the information obtained from Seller or pursuant to any inspections completed by Buyer shall be kept in confidence and will not be revealed to outside parties other than lenders, principals, affiliates or clients or as required by law or for valid business purpose of Buyer.
B
uyer agrees to indemnify, save, hold harmless, and at City's request, defend the City, its officers, agents, and employees from any and all costs and expenses (including attorney and legal fees), damages, liabilities, claims, and losses occurring or resulting to the City in connection with the performance, or failure to perform, by Buyer or its contractor, officers, agents, sub-contractors, employees, or anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable in regards to performing any due diligence inspections under this Agreement, and from any and all costs and expenses (including attorney and legal fees), damages, liabilities, claims, and losses occurring or resulting to any person, firm, or corporation who may be injured or damaged by the performance, or failure to perform, of Buyer, contractor, its officers, agents, or employees while performing any due diligence inspections under this Agreement. The duty to defend and the duty t o indemnify are separate and distinct obligations. These duties shall survive the termination of this agreement.
11. Buyer shall, upon request by Seller, execute, acknowledge and deliver such documents or take such action as may be necessary or convenient to carry out the spirit and intent of this Agreement.
ATTACHMENT B
Exhibit 2
12. Any notice which either party may or is required to give shall be in writing and given by personal delivery or mailing same by certified mail, return receipt requested, postage prepaid, to the other party at the address shown below or at such other place as may be designated by the parties from time to time, and any notice so mailed shall be deemed received on the third day after mailing.
Buyer's address: Dru Hunt
Michael Grech
2104 W. Alpine
Stockton, CA 95204
Seller's address: City of Stockton
Economic Development Department
400 E. Main Street, Fourth Floor
Stockton, CA 95202
[email protected]
Escrow Holder: Old Republic Title Company
3425 Brookside Road, Suite C
Stockton, CA 95219
Attn: Diana Contreras
13. Time is of the essence of this Agreement.
14. This Agreement is subject to final approval of the City Manager of the City of Stockton.
15. If suit should be brought for any sum due or the enforcement or declaration of any obligation or right hereunder, by either party, the prevailing party shall be entitled to all costs incurred in connection with such action, including reasonable attorney's fees.
16. This Agreement shall bind and inure to the benefit of the parties and their respective successors, heirs, executors, administrators and assigns.
17. This agreement represents the entire and i ntegrated agreement between Seller and Buyer and supersedes all prior negotiations, representations, or agreements, either written or oral. This agreement may be amended only by written instrument signed by Seller and Buyer.
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ATTACHMENT B
Exhibit 2
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18. The undersigned represent and warrant they are duly authorized to execute the Agreement and to bind the parties.
DATED:
"SELLER" "BUYER"
CITY OF STOCKTON
___________________________ ___________________________
HARRY BLACK DRU HUNT
CITY MANAGER
__________________________
APPROVED AS TO FORM AND CONTENT:
JOHN M. LUEBBERKE
CITY ATTORNEY
By: ________________________
CITY ATTORNEY
ATTACHMENT B
Exhibit 2
EXHIBIT A
LEGAL DESCRIPTION
All t hat certain real property situated in the City of Stockton, County of San Joaquin, State of California, described as follows:
Parcel 1:
Lot 16 and the West 1/3 of Lot 15 in Block 8, EAST OF CENTER STREET, in the City of Stockton, according to the Official Map or Plat thereof, San Joaquin County Records.
(commonly referred to as 25 N. Grant Street, APN 149-180-17)
Parcel 2:
All of Lots 8 and 10 in Block 8 EAST OF CENTER STREET, in the City of Stockton, according to the Official Map or Plat thereof.
Also all that part of Lot 6 in Bloc k 8 EAST OF CENTER STREET, being the East 46 ½ feet thereof, more or less, bounded on the West by the centerline of a division wall running North and South between certain buildings, and being all of said Lot 6, except the part thereof conveyed by Rudolph Gnekow and wife to their sons and daughters by Deed dated February 3, 1913 and recorded in Book "A" of Deeds, Vol. 208, page 106, San Joaquin County Records.
APN: 149-180-21
End of legal description
ATTACHMENT B