HomeMy WebLinkAboutSA-RDA 092RESOLUTION NO. SA -RDA 092
' 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
APPROXIMATE +1-93 ACRES FROM APN 694-310-002, 694-310-003
AND A PORTION OF 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 on the south side of Gerald Ford Drive, east of the Palm
Desert Sherriff Station, and identified as the approximate +/-93 acres from APN 694-
310-002, 694-310-003, and a portion of 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
RESOLUTION NO. SA -RDA 092
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
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
("ENA") with respect to the disposition of the Property with Refuge Palm Desert, LLC,
('Refuge") dated December 8, 2020; and
G. The Successor Agency subsequently by letter to Refuge dated May 31,
2021, extended the term of the ENA through August 29, 2021; and
H. The Successor Agency and Refuge entered into a First Amendment dated
August 11, 2021, to ENA to extend the term for an additional thirty (30) days, until
September 30, 2021; and
I. The Successor Agency and Refuge entered into a Second Amendment
dated September 30, 2021, to extend the expiration date by one hundred twenty (120)
days, until March 30, 2022.
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.
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RESOLUTION NO. SA -RDA 092
PASSED, APPROVED, AND ADOPTED this 2411 day of February, 2022.
' AYES: JONATHAN, KELLY, NESTANDE, QUINTANILLA, AND HARNIK
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
A 1.
JAN C. HXkN[IK, CHAIR
ATTEST:
NIAMH M. ORTEGA, ASSiSTKNT SECRETARY
OF THE SUCCESSOR AGENCY TO THE
PALM DESERT REDEVELOPMENT AGENCY
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RESOLUTION NO. SA -RDA 092
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RESOLUTION NO. SA -RDA 092
EXHIBIT "A"
I
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:
Approximately 93.171 acres known as the following in the City of Palm Desert, County
of Riverside, California:
• APN 694-310-002 (Approximately 40.47 acres)
• APN 694-310-003 (Approximately 40.46 acres)
• APN 694-310-006 (Future Remainder of Approximately 12.241 acres)
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 SOUTHWEST CORNER OF SAID PARCEL 1;
THENCE NORTH 00003-39" EAST, ALONG THE WESTERLY LINE OF SAID
PARCEL
1, ADISTANCE OF396.01 FEET;
THENCE NORTH 89055'1611 EAST, A DISTANCE OF
505.02 FEET; THENCE SOUTH 00°03'36" WEST, A
DISTANCE OF 81.78 FEET; THENCE SOUTH 89°56'24"
EAST, A DISTANCE OF 593.46 FEET; THENCE NORTH
00001114" WEST, A DISTANCE OF 354.13 FEET;
THENCE NORTH 89054-53" EAST, A DISTANCE OF 220.83 FEETTO A POINT
ONTHEEASTERLY LINE OF SAID PARCEL 1;
THENCE SOUTH 0000110911 EAST, ALONG SAID EASTERLY LINE A
DISTANCE OF
666.66 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL 1;
Exhibit A - Page 1 of 3
12812-0001 \257441 l vl doc
RESOLUTION NO. SA -RDA 092
THENCE SOUTH 8905413311 WEST, ALONG THE SOUTHERLY LINE OF
SAID PARCEL '
1, A DISTANCE OF 1319.73 FEET, TO THE POINT OF BEGINNING;
SUBJECT TO EXISTING EASEMENTS, COVENANTS, RIGHTS AND
RIGHTS -OF -WAY OF RECORD.
CONTAINING 533,201 SQUARE FEET OR 12.241 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 MAPACT.
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF
PALM DESERT, IN THE COUNTYOF RIVERSIDE, STATE OF CALIFORNIA,
AND IS DESCRIBED AS FOLLOWS:
PARCEL 1 (APN 694-310-003): ,
PARCEL 3 OF THAT CERTAIN CERTIFICATE OF COMPLIANCE NO. 88-1,
IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF
CALIFORNIA, RECORDED JUNE 01, 1988 AS INSTRUMENT NO. 146461
OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
THAT PORTION OF SECTION 32, TOWNSHIP 4 SOUTH, RANGE 6 EAST,
SAN BERNARDINO BASE AND MERIDIAN, AS SHOWN ON A RECORD OF
SURVEY ON FILE IN BOOK 23, PAGE 77 OF RECORDS OF SURVEY,
RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, LOCATED
IN THE CITY OF PALM DESERT, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
THE NORTH HALF OF THE SOUTH HALF OF THE WEST HALF OF THE EAST
HALF OF SAID SECTION 32.
PARCEL 2 (APN 694-310-002):
PARCEL 2 OF THAT CERTAIN CERTIFICATE OF COMPLIANCE NO. 88-1,
IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF
CALIFORNIA, RECORDED JUNE 01, 1988 AS INSTRUMENT NO. 146461 I
OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
Exhibit A - Page 2 of 3
12812-0001\257441 lv2.doc
RESOLUTION NO. SA -RDA 092
1
THAT PORTION OF SECTION 32, TOWNSHIP 4 SOUTH, RANGE 6 EAST,
SAN BERNARDINO BASE AND MERIDIAN, AS SHOWN ON A RECORD OF
SURVEY ON FILE IN BOOK 23, PAGE 77 OF RECORDS OF SURVEY,
RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, LOCATED
IN THE CITY OF PALM DESERT, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
THE SOUTH HALF OF THE NORTH HALF OF THE WEST HALF OF THE EAST
HALF OF SAID SECTION 32.
Exhibit A - Page 3 of 3
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I
RESOLUTION NO. SA -RDA 092
EXHIBIT "B"
r;ERAI,.D FORD DRIVE
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N 89!54'63" E
.220 83'
0. zoo' 400' ;n
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N 139-55"167 E 605.02
'616i
S 89'56'24" E 593.46'
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S 89*54'33' W 1319.73
P.O.B.
SW COR PARCEL I
CERTIFICATE OF COMPLIANCE
NO. 88-1 INST NO., 1988-146461
MSA CONSULTING, INC.
> PLANNING > CIVIL ENGINEERING > LAND SURVEYING
.34206BOB HOPE DRIVE, RANCHO MIRAGE, CA 92270
760.320.,9811 MS.ACONSULTING114C.COM
J.N. 2619 SHEET 1 OF 1
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