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HomeMy WebLinkAboutRes 2018-01 and SA-RDA 067 TM19074-1 - Convey lot 81 APN 622-250-008RESOLUTION NO. 2018-01 RESOLUTION NO. SA -RDA 067 STAFF REPORT CITY OF PALM DESERT/SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY JOINT CONSIDERATION PUBLIC WORKS DEPARTMENT MEETING DATE: January 11, 2018 REQUEST: Recommendation Authorize the Executive Director to convey Lot 81 of Tract Map 19074-1 (APN 622-250-008) from the Successor Agency to the Palm Desert Redevelopment Agency (SARDA) to the City of Palm Desert 1. Waive further reading and adopt the following, approving conveyance of Lot 81 of Tract Map 19074-1 (APN 622-250-008) from the Successor Agency to the Palm Desert Redevelopment Agency to the City of Palm Desert by Quitclaim Deed by a) Successor Agency Resolution No. SA - RDA 067 ; b) City Council Resolution No. 2018- 01 . 2. By Minute Motion, authorize the Executive Director to execute the Quitclaim Deed on behalf of the Successor Agency and the Mayor to accept the conveyance by Quitclaim Deed on behalf of the City. Strategic Plan Approval of this action does not directly impact the goals of the Strategic Plan. Background Analysis Lot 81 of Tract Map 19074-1 is located within the City of Palm Desert Civic Center Park. It is currently in use as the northern portion of the Dog Park and the southern portion of the maintenance yard. The Dog Park and maintenance yard are operated and maintained by the Public Works Department. In 1990, Lot 81 was owned by the Family YMCA. On September 21, 1990, the YMCA recorded a Grant Deed conveying Lot 81 to the City of Palm Desert Redevelopment Agency. City staff believes this conveyance was in error, and that the intention was for the lot to be granted to the City of Palm Desert. The Grant Deed indicates that the lot was a "Gift to the City of Palm Desert," not the Redevelopment Agency. Furthermore, staff has subsequently found correspondence with the County Recorder's office that indicates that the lot was intended to be granted to the City of Palm Desert. January 11, 2018 2017 - Staff Report Authorize the Executive Director to Convey Lot 81 of Proposed Parcel Map 37347 to the City of Palm Desert Page 2 of 2 The lot has always been, and is currently used for a public purpose as a dog park. The City of Palm Desert has consistently funded and operated the dog park. Therefore, staff recommends that, by minute motion, the authorization is given for the Executive Director to convey Lot 81 of Tract Map 19074-1 from SARDA to the City of Palm Desert. Fiscal Analysis There is no fiscal impact associated with this action. e-cr Prepared by: Cora L. Gau ush, Capital Improvement Projects Technician LEGAL REVIEW N/A DEPT. REVIEW • r • ''r( Robert W. Hargreaves So Chen, P.E. City Attorney citing Director of Public orks ATTACHMENTS: Vicinity Map FINAN IL RE W CITY MANAGER cell/ Janet Moore Director of Finance Lauri Aylaian City Manager RESOLUTION NO. 2018-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT AUTHORIZING THE ACCEPTANCE OF A GOVERNMENTAL USE PROPERTY (APN 622-250-008) TRANSFERRED FROM THE SUCCESSOR AGENCY OF THE PALM DESERT REDEVELOPMENT AGENCY AND TAKING RELATED ACTIONS RECITALS: A. Pursuant to AB X1 26 (enacted in June 2011) and the California Supreme Court's decision in California Redevelopment Association, et al. v. Ana Matosantos, et al., 53 Cal. 4th 231 (2011), the former Palm Desert Redevelopment Agency (the "Former Agency") was dissolved as of February 1, 2012, the Successor Agency to the Palm Desert Redevelopment Agency (the "Successor Agency"), as the successor entity to the Former Agency, was constituted, and an oversight board of the Successor Agency (the "Oversight Board") was established; and B. AB X1 26 added Part 1.8 (commencing with Section 34161) and Part 1.85 (commencing with Section 34170) to Division 24 of the Health and Safety Code ("HSC") (such Parts 1.8 and 1.85, together with any amendments and supplements thereto, are collectively referred to herein as the "Dissolution Act"); and C. Pursuant to the Dissolution Act, the Successor Agency is tasked with winding down the Former Agency's affairs; and D. Pursuant to HSC Section 34175(b), all real properties of the Former Agency transferred to the control of the Successor Agency by operation of law; and E. Recently, it has come to the Successor Agency's attention that the Former Agency (as succeeded by the Successor Agency) remains to be the fee owner of record of a property (the "Property"), located at Lot 81 of Tract Map 19074-1 (APN 622-250- 008), which is, and has been, a part of the Civic Center Park of the City of Palm Desert (the "City") and is currently used, in part, as a dog park and, in part as a maintenance yard; and F. A notation on the Grant Deed, executed in 1990 by the Family Y.M.C.A. of the Desert (the former owner), states that the Property was a "Gift to the City of Palm Desert," even though the Property was conveyed to the Former Agency; and G. The Oversight Board is expected to consider the adoption of a resolution ("Oversight Board Resolution") directing the transfer of the Property to the City, in furtherance of the Successor Agency's wind -down of the Former Agency's affairs; H. The Successor Agency plans to transfer the Property to the City pursuant to HSC Section 34181(a) by execution of a quitclaim deed (the "Deed"), upon effectiveness of the Oversight Board Resolution; 12812-0001\2149144vI.doc RESOLUTION NO. 2018-01 NOW, THEREFORE, THE CITY COUNCIL TO THE CITY OF PALM DESERT DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The above recitals are true and correct and are a substantive part of this Resolution. Section 2. The City accepts the conveyance of the Property by the Successor Agency. The Mayor (or, in the Mayor's absence, the Mayor Pro Tem) is hereby authorized and directed to, on behalf and in the name of the City, execute a certificate of acceptance with respect to the Deed and cause the Deed, and the accompanying certificate of acceptance, to be recorded in the Official Records of the Riverside County Recorder's Office. Section 3. The officers and other Staff members of the City are hereby authorized, jointly and severally, to do all things (including but not limited to the execution of any certificates or other instruments) which they may deem necessary or proper to effectuate the purposes of the Deed and this Resolution, and any such actions previously taken are hereby ratified and confirmed. PASSED, APPROVED and ADOPTED this 11th day of January, 2018. ATTEST: RACHELLE D. KLASSEN, CITY CLERK SABBY JONATHAN, MAYOR -2- 12812-0001\2149144v1 doe RESOLUTION NO. SA -RDA 067 A RESOLUTION OF THE BOARD DIRECTORS OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY DIRECTING THE TRANSFER OF A GOVERNMENTAL USE PROPERTY (APN 622-250-008) TO THE CITY OF PALM DESERT AND TAKING RELATED ACTIONS RECITALS: A. Pursuant to AB X1 26 (enacted in June 2011) and the California Supreme Court's decision in California Redevelopment Association, et al. v. Ana Matosantos, et al., 53 Cal. 4th 231 (2011), the former Palm Desert Redevelopment Agency (the "Former Agency") was dissolved as of February 1, 2012, the Successor Agency to the Palm Desert Redevelopment Agency (the "Successor Agency"), as the successor entity to the Former Agency, was constituted, and an oversight board of the Successor Agency (the "Oversight Board") was established; and B. AB X1 26 added Part 1.8 (commencing with Section 34161) and Part 1.85 (commencing with Section 34170) to Division 24 of the Health and Safety Code ("HSC") (such Parts 1.8 and 1.85, together with any amendments and supplements thereto, are collectively referred to herein as the "Dissolution Act"); and C. Pursuant to the Dissolution Act, the Successor Agency is tasked with winding down the Former Agency's affairs; and D. Pursuant to HSC Section 34175(b), all real properties of the Former Agency transferred to the control of the Successor Agency by operation of law; and E. HSC Section 34181(a) sets forth certain requirements for the Oversight Board to direct the Successor Agency to dispose of the Former Agency's properties, but provides that the Oversight Board may direct the Successor Agency to transfer ownership of a property that was constructed and used for a governmental purpose (including, among others, parks and government administrative facilities) to the appropriate public jurisdiction; and F. Recently, it has come to the Successor Agency's attention that the Former Agency (as succeeded by the Successor Agency) remains to be the fee owner of record of a property (the "Property"), located at Lot 81 of Tract Map 19074-1 (APN 622-250- 008), which is, and has been, a part of the Civic Center Park of the City of Palm Desert (the "City") and is currently used, in part, as a dog park and, in part as a maintenance yard; and G. A notation on the Grant Deed, executed in 1990 by the Family Y.M.C.A. of the Desert (the former owner), states that the Property was a "Gift to the City of Palm Desert," even though the Property was conveyed to the Former Agency; and 12812-000I\2149133v1.doc RESOLUTION NO. SA -RDA 067 H. In furtherance of its wind -down of the Former Agency's affairs, the Successor Agency desires to transfer this governmental use Property to the City pursuant to HSC Section 34181(a); and The Oversight Board is expected to consider the adoption of a resolution ("Oversight Board Resolution") directing the transfer of the Property to the City; and NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The above recitals are true and correct and are a substantive part of this Resolution. Section 2. The transfer of the Property to the City is hereby authorized and approved. Each of the Chair (or, in the Chair's absence, the Vice Chair) and the Successor Agency's Executive Director (together, the "Authorized Officers"), acting individually, is hereby authorized to execute and deliver, for and in the name of the Successor Agency, a quitclaim deed (the "Deed"), substantially in the form attached as Attachment A, to effect and evidence such transfer; provided, that such execution shall occur after the Oversight Board Resolution takes effect. Section 3. The Authorized Officers and other officers and Staff members of the Successor Agency are hereby authorized, jointly and severally, to do all things (including but not limited to the execution of any certificates or other instruments) which they may deem necessary or proper to effectuate the purposes of the Deed and this Resolution, and any such actions previously taken are hereby ratified and confirmed. PASSED, APPROVED and ADOPTED this 11th day of January, 2018. SABBY JONATHAN, CHAIR ATTEST: RACHELLE D. KLASSEN, SECRETARY SUCCESSOR AGENCY TO PALM DESERT REDEVELOPMENT AGENCY -2- 12812-000I\2149133v1.doc ATTACHMENT A FORM OF QUITCLAIM DEED 12812-0001\2149026v1.doc RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 Attention: City Clerk APN(s): 622-250-008 [SPACE ABOVE FOR RECORDER'S USE ONLY] This transfer is exempt from Documentary Transfer Tax pursuant to Revenue & Taxation Code Section 11922, and exempt from Recording Fees pursuant to California Government Code Section 27383. QUITCLAIM DEEO THE SUCCESSOR AGENCY TO TIIE PALM DESERT REDEVELOPMENT AGENCY (the "Successor Agency") does hereby REMISE, RELEASE AND FOREVER QUITCLAIM to the CITY OF PALM DESERT, a municipal corporation ("City"), all of the Successor Agency's right, title and interest in, under and to that certain real properties (and all improvements and fixtures located thereon) located in the County of Riverside, State of California, described as: Lot 81 as shown by Tract No. 19074-1, as shown by map on file in Book 141 Pages 58 through 64, inclusive, of Maps, Records of Riverside County, California. IN WITNESS WHEREOF, the undersigned has executed this Quitclaim Deed as of the date set forth below. Dated: , 2018 SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY Attest: By: Lauri Aylaian Rachelle D. Klassen Executive Director Secretary I2812-0001\2149041v1 doc A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Riverside ) On , before me, (insert name and title of the officer) Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 12812-0001\2149041 v I .doc CERTIFICATE OF ACCEPTANCE (California Government Code Section 27281) This is to certify that the interest in real property conveyed to the City of Palm Desert (the "City") by that certain Quitclaim Deed, dated , 2018, executed by the Successor Agency of the Palm Desert Redevelopment Agency is hereby accepted by the undersigned officer on behalf of the City pursuant to the authority conferred by Resolution No. of the City Council of the City, adopted on , 2018, and the City consents to the recordation thereof by its duly authorized officer. Dated: ,2018 CITY OF PALM DESERT By: Sahby Jonathan Mayor 12812-0001\2149041v1 doe A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Riverside ) On , before me, (insert name and title of the officer) Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 1281 2-000122 149041 v 1 doc CERTIFICATE OF ACCEPTANCE (California Government Code Section 27281) This is to certify that the interest in real property conveyed to the City of Palm Desert (the "City") by that certain Quitclaim Deed, dated , 2018, executed by the Successor Agency of the Palm Desert Redevelopment Agency is hereby accepted by the undersigned officer on behalf of the City pursuant to the authority conferred by Resolution No. of the City Council of the City, adopted on 2018, and the City consents to the recordation thereof by its duly authorized officer. Dated: ,2018 CITY OF PALM DESERT By: Sabby Jonathan Mayor 12812-0001'2149041v1 doc A notary public or other officer completing this certificate verifies only the identity of the individual IAho signed the document to which this certificate is attached, and not the truthfulness, accuracy. or validity of that document State of California County of Riverside On , before me, (insert name and title of the officer) Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 12812-0001 \2149041 v I doc AGNESfA FALLS DR MAGNESIA FALLS DR PRIVATE RI) 54N PABLO AVE SAN PABLO A-VE APN:622-250-008 Lot81 FRED WARING DR APN:622-250-008 Lot 81 PRIVATE ST PRIVATE sr MIME PRIVA PRIV TE 01E1 414111111 MASSGN ET •IIUU• KRUG RVE .ID -RANCHO RD Num 01,1P' =WAN JI ArFolua VICINITY MAP