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Home My WebLink AboutSA-RDA 087RESOLUTION NO. SA -RDA - 087 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY FINDING THAT REAL PROPERTY OWNED BY THE SUCCESSOR AGENCY LOCATED IN THE CITY OF PALM DESERT ALONG GERALD FORD DRIVE AND IDENTIFIED AS THE APPROXIMATELY 11.94 ACRE PORTION OF APN 694-310-006 IS NOT SUBJECT TO REQUIREMENTS OF THE SURPLUS LAND ACT, AND TAKING RELATED ACTIONS RECITALS: A. Pursuant to AB X1 26 (which became effective in June 2011) (as subsequently amended, the "Dissolution Act") and the California Supreme Court's decision in California Redevelopment Association, et al. v. Ana Matosantos, et al., 53 Cal. 4th 231 (2011), the Palm Desert Redevelopment Agency ("Former Agency") was dissolved as of February 1, 2012, and the City of Palm Desert elected to serve as the successor agency to the Former Agency ("Successor Agency"); and B. Pursuant to the Dissolution Act, properties of the Former Agency, including the property located along Gerald Ford Drive and identified as the approximately 11.94 acre portion of APN 694-310-006 in the City of Palm Desert (the "Property") transferred to the Successor Agency by operation of law and the Successor Agency owns the Property in fee simple. The Property is described on Exhibit "A", attached hereto; and C. On December 9, 2015, the California Department of Finance ("DOF") approved the Successor Agency's Long Range Property Management Plan, as amended ("LRPMP"), prepared pursuant to Health and Safety Code Section 34191.5, which includes the Property and requires the Successor Agency to sell the Property; and D. The Surplus Land Act (Government Code Sections 54220-54234) generally requires the governing board of a local agency that owns land in fee simple which is not necessary for the agency's use to take formal action in a regular public meeting to declare that the land is surplus land or exempt surplus land prior to undertaking other action to dispose of the land; and E. As amended by Assembly Bill 1486, which took effect on January 1, 2020, the Surplus Land Act defines "local agency" for purposes of the Surplus Land Act to include the Successor Agency, but Government Code Section 54234(b) also provides that with respect to land that has been designated in a long range property management plan pursuant to Health and Safety Code Section 34191.5 for sale, the Surplus Land Act, as it existed on December 31, 2019, without regard to the changes made to the Surplus Land Act by Assembly Bill 1486, shall apply to the disposition of the land if (i) an exclusive negotiating agreement for disposition is entered into not later RESOLUTION NO. SA -RDA 087 than December 31, 2020 and (ii) the disposition is completed not later than December 31, 2022; and F. The Successor Agency entered into an exclusive negotiating agreement with respect to the disposition of the Property with Pacific West Communities, Inc., dated October 21, 2020 ("ENA"); 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 Board of Directors hereby finds that because the Successor Agency entered into the ENA with respect to the disposition of the Property prior to December 31, 2020, the disposition of the Property is not subject to the Surplus Land Act, provided that the disposition of the Property is completed not later than December 31, 2022. SECTION 3. The staff of the Successor Agency are hereby authorized to submit a copy of this Resolution to HCD. SECTION 4. The staff and officers of the Successor Agency are hereby authorized, jointly and severally, to take any other such actions as they deem necessary or proper to effectuate the purposes of this Resolution, and all actions previously taken are hereby ratified. SECTION 5. The Board of Directors hereby finds that appropriate environmental review pursuant to the California Environmental Quality Act will be completed as part of the process to dispose of the Property. [SIGNATURES TO FOLLOW ON TH NEXT PAGE] 12812-0001\2574411v2.doc Page 2 of 3 RESOLUTION NO. SA -RDA 087 PASSED, APPROVED, AND ADOPTED this 16th day of December, 2021. AYES: JONATHAN, KELLY, NESTANDE, QUINTANILLA, and HARNIK NOES: NONE ABSENT: NONE ABSTAIN: NONE ).Pf:&( e(N C. HARNIK, CHAIR ATTEST: NORMA I. ALLEY, , SECRETARY OF THE SUCCESSOR AGENO TO THE PALM DESERT REDEVELOPMENT AGENCY Page 3 of 3 12812-0001\2574411v2.doc RESOLUTION NO. SA -RDA 087 EXHIBIT "A" LEGAL DESCRIPTION OF SUBJECT PROPERTY The Land referred to herein below is situated in the City of Palm Desert, County of Riverside, State of California, and is described as follows: A PORTION OF PARCEL 1 OF THAT CERTAIN CERTIFICATE OF COMPLIANCE NO. 88-1, RECORDED JUNE 1, 1988 AS INSTRUMENT NO, 146461 OF OFFICIAL RECORDS. IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, .STATE OF CALIFORNIA, LOCATED IN THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 32, TOWNSHIP 4 NORTH, RANGE 6 EAST, SAN BERNARDINO MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 1; THENCE NORTH 89°55'15" EAST, ALONG THE NORTHERLY LINE OF SAID PARCEL 1, SAID LINE ALSO BEING THE SOUTHERLY RIGHT-OF-WAY LINE OF GERALD FORD DRIVE, A DISTANCE OF 514.35 FEET; THENCE SOUTH 47°23'23" EAST, A DISTANCE OF 34.01 FEET; THENCE SOUTH 00°03'36" WEST, A DISTANCE OF 942.64 FEET; THENCE NORTH 89°56'24" WEST, A DISTANCE OF 539.40 FEET; THENCE NORTH 00°03'36" EAST, ALONG THE WESTERLY LINE OF SAID PARCEL 1 AND THE SOUTHERLY EXTENSION THEREOF, A DISTANCE OF 964.39 FEET, TO THE POINT OF BEGINNING; SUBJECT TO EXISTING EASEMENTS, COVENANTS, RIGHTS AND RIGHTS -OF - WAY OF RECORD. CONTAINING 520,257 SQUARE FEET OR 11.943 ACRES MORE OR LESS. AS DEPICTED ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. THIS LEGAL DESCRIPTION DOES NOT DESCRIBE A LEGAL PARCEL OF LAND. IT IS NOT TO BE USED FOR CONVEYANCE OR FINANCING OR ANY OTHER PURPOSE THAT WOULD BE A VIOLATION OF THE CALIFORNIA SUBDIVISION MAP ACT. Exhibit A - Page 1 of 2 12812-000112574411v2.doc RESOLUTION NO. SA -RDA 087 EXHIBIT 'B' NW COR PARCEL 1 CERTIFICATE OF COMPLIANCE NO. 88-1 INST NO. 1988-148481 N 00-03'36' E 964.39' o'. 200' 400' .. 11111 1111=11■ NI MN III SCALE 1-=200' GERALD FORD DRIVE N 89'55'15° E 514.35' S 4723'23° E- 34.01' S 00'03'36' W 942.64' REMBRANDT PARKWAY N 89'56'24° W 539.40' $$�� 1 N°' • \c„ 00 A 1\op, �. \\,sc• a61 ti MSA CONSULTING, INC. PLANNING .> CIVIL ENGINEERING > LAND SURVEYING 34200 BOB HOPE DRIVE, RANCHO MIRAGE. CA 92270 760.3209811 MSACONSULTINGINC.COM J.N. 2619 PORTOLA AVENUE SHEET 1 OF 1 12812-0001\2574411v2.doc Exhibit A - Page 2 of 2 RESOLUTION NO. SA -RDA 087 [This page has intentionally been left blank.] L'