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Home My WebLink AboutRes OB-033 (2)OVERSIGHT BOARD TO THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY STAFF REPORT REQUEST: AUTHORIZATION TO CONVEY REAL PROPERTY KNOWN AS APN 627-101-038 AND APN 627-101-039 FROM THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY TO THE CITY OF PALM DESERT (PROJECT NO. 656-06) SUBMITTED BY: DATE: CONTENTS: Resolution No. OB - 033 Vicinity Maps Recommendation Mark Greenwood, Public Works Director Martin Alvarez, Director of Economic Development (5_6) C. - At0Sc1► February 4, 2013 iris-� BY OVERSIGHT BARD ON VERIFIED B Original on file with City Clerk's Office That the Oversight Board waive further reading and adopt Resolution No. OB - 033 authorizing and approving the conveyance of real property known as APN 627-101-038 and APN 627-101-039 to the City of Palm Desert (City). Background On May 27, 2010, the City Council approved Contract No. C29780 with Kimley Horn and Associates for design engineering services for the Fred Waring Drive and Monterey Avenue Improvement Project. The project is intended to improve traffic flow on Fred Waring Drive, and alleviate traffic congestion on Monterey Avenue by increasing the number of lanes along Monterey Avenue and adding various turn pockets along Fred Waring Drive. Additional right-of-way is required for the construction of the additional lanes and the turn pockets. The proposed right turn pocket on northbound San Pablo Drive to eastbound Fred Waring Drive requires the acquisition of right-of-way from the Successor Agency. On February 24, 2011, the former Palm Desert Redevelopment Agency (RDA) transferred all RDA -owned properties to the City and approved a Delegation and Conveyance Agreement between the City and the former RDA. The transfer included 69 properties purchased with redevelopment funds. The subject properties were included in this transfer. On June 29, 2011, the California Governor signed AB X1-26 and AB X1-27, which required the dissolution of all California redevelopment agencies and authorized the Staff Report — Oversight Board Conveyance of 627-101-038 and 627-101-039 from Successor Agency to City Page 2 of 2 February 4, 2013 creation of the successor agencies to manage former redevelopment agencies' assets. Although the transfer of the RDA properties to the City occurred prior to the effective date of the redevelopment agency dissolution, the California State Controller recently issued a letter ordering the City to return to the Successor Agency all real property conveyed by the RDA after January 1, 2011. In order to comply with the State Controller's order the transferred properties are now held by the Successor Agency. Staff has consulted with the City Attorney and the determination was made to move forward with the acquisition. The attached resolution will facilitate the transfer of 0.177 acres of the two parcels located at the southeast corner of Fred Waring Drive and San Pablo Avenue from the Successor Agency to the City. The land conveyance will allow the City to construct the right turn pocket. The two parcels are currently vacant land (see attached vicinity map). On January 24, 2013, the Successor Agency and City approved this land conveyance. If the Oversight Board also approves the conveyance, the request will be submitted to the State Department of Finance for final approval. This final action could take at least 60 days. Fiscal Analysis There is no fiscal impact associated with this action. Prepared By: le1 Montalvo . .Senior Engineer artin Alvarez Director of Economic Development Paul S. Gibson, Director of Finance valL:i)vvt4 -)0e0A,".„.9 John. Wohlmuth City nager/Executive Director D P ri nt Hea 1 Mark Gr- nwood, P.E., Director o Public Works RESOLUTION NO. OB - 033 A RESOLUTION OF THE OVERSIGHT BOARD TO THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY AUTHORIZING AND APPROVING THE CONVEYANCE OF CERTAIN REAL PROPERTY KNOW AS A.P.N. 627-101-038 AND A.P.N 627-101- 039 TO THE CITY OF PALM DESERT RECITALS: WHEREAS, pursuant to Health and Safety Code Section 34179(3), all actions taken by the Oversight Board to the Successor Agency to the Palm Desert Redevelopment Agency (the "Oversight Board") shall be adopted by resolution. WHEREAS, AB X1-26 and AB X1-27 were signed by the Governor of California on June 29, 2011, making certain changes to the Community Redevelopment Law (Part 1 (commencing with Section 33000) of Division 24 of the California Health and Safety Code), including adding Part 1.8 (commencing with Section 34161) and Part 1.85 (commencing with Section 34170) ("Part 1.85"). WHEREAS, the City Council of the City of Palm Desert (the "City") made an election to serve as the successor agency for the Palm Desert Redevelopment Agency (the "Agency") under Part 1.85 (the "Successor Agency"). WHEREAS, the City Council, acting as the governing board for the Successor Agency, established rules and regulations applicable to the governance and operation of the Successor Agency, and pursuant to such resolution provided that the Successor Agency will be governed by a Board of Directors consisting of the members of the City Council of the City. WHEREAS, in response to a letter from the California State Controller ordering the City to return to the Successor Agency real property previously conveyed by the Agency to the City after January 1, 2011 (the "Letter"), and pursuant to Health and Safety Code Section 34167.5, the Board desires to execute and deliver to the City that certain Grant Deed in the form attached hereto as Attachment "A" (the "Deed") and conveying that certain real property described therein. WHEREAS, on January 24, 2013, the Successor Agency and City approved the conveyance and acceptance of that certain real property described in the Deed. RESOLUTION NO. OB - 033 NOW, THEREFORE, THE OVERSIGHT BOARD HEREBY FINDS, DETERMINES, RESOLVES, AND ORDERS AS FOLLOWS: Section 1. The above recitals are true and correct and are a substantive part of this Resolution. Section 2. The Oversight Board hereby authorizes the Successor Agency to execute and deliver the Deed to the City, and to take any such other action and to execute and deliver such other documents and instruments as may be necessary to effectuate the purpose of this Resolution, all under such circumstances and at such time as he deems appropriate upon the advice of legal counsel. PASSED, APPROVED, AND ADOPTED this 4th day of February 2013, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Robert A. Spiegel, Chair ATTEST: Rachelle D. Klassen, Secretary Oversight Board for the Successor Agency to the Palm Desert Redevelopment Agency -2- P6401-0001 \1501149v 1.doc RESOLUTION NO. OB - 033 ATTACHMENT "A" GRANT DEED RESOLUTION NO. OB — 033 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY CLERK OFFICE CITY OF PALM DESERT 73-510 Fred Waring Drive Palm Desert, California 92260 Exempt from Recording Fee Pursuant to government code 6103 APN: 627-101-038, and 627-101-039 (SPACE ABOVE THIS LINE IS FOR RECORDER'S USE) GRANT DEED THE UNDERSIGNED GRANTOR DECLARES AS FOLLOWS: 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 6103. FOR VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged, SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY, a public body, corporate and politic, Hereby grants to the CITY OF PALM DESERT, a municipal corporation, the following described real property in the City of Palm Desert, County of Riverside, State of California: LEGAL DESCRIPTION AND PLAT ATTACHED HERETO AS EXHIBITS "A" AND "B" RESPECTIVELY INCORPORATED HEREIN BY THIS REFERENCE. IN WITNESS WHEREOF, Grantor has executed this Grant Deed as of the date set forth below. Dated: January 24, 2013 SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY, A public body, corporate and politic BY Jan C. Harnik, Chairman RESOLUTION NO. OB — 033 EXHIBIT "A" LEGAL DESCRIPTION RIGHT-OF-WAY APN: 627-101-038, 039 1 IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, BEING 2 THAT PORTION OF LOT 1 IN PALMA VILLAGE GROVES AS PER MAP FILED IN BOOK 20, 3 PAGE 51 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE 4 PARTICULARLY DESCRIBED AS FOLLOWS: 5 6 COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 1; 7 8 THENCE ALONG THE NORTHERLY LINE OF SAID LOT 1 NORTH 89°51'21" EAST A 9 DISTANCE OF 35.79 FEET TO THE TRUE POINT OF BEGINNING; 10 11 THENCE CONTINUING ALONG SAID NORTHERLY LINE NORTH 89°51'21" EAST A 12 DISTANCE OF 20.05 FEET; 13 14 THENCE LEAVING SAID NORTHERLY LINE SOUTH 44°31' 10" WEST A DISTANCE OF 32.95 15 FEET; 16 17 THENCE SOUTH 03°01'34" WEST A DISTANCE OF 196.45 FEET; 18 19 THENCE SOUTH 00°04'43" EAST A DISTANCE OF 57.78 FEET; 20 21 THENCE SOUTH 45°09'45" EAST A DISTANCE OF 18.41 FEET; 22 23 THENCE SOUTH 00°14'46" EAST A DISTANCE OF 8.53 FEET TO THE SOUTHERLY LINE OF 24 SAID LOT 1; 25 26 THENCE SOUTH 89°49'21" WEST A DISTANCE OF 33.38 FEET TO THE MOST EASTERLY 27 CORNER OF THAT EASEMENT GRANTED TO THE CITY OF PALM DESERT PER 28 INSTRUMENT NUMBER 124083, RECORDED JUNE 22, 1983; 29 30 THENCE ALONG THE NORTHEASTERLY LINE OF SAID EASEMENT NORTH 45°00'27" WEST 31 A DISTANCE OF 4.23 FEET TO THE MOST NORTHERLY CORNER THEREOF, BEING ALSO ON 32 THE WESTERLY LINE OF SAID LOT 1; 33 Page 1 of 2 RESOLUTION NO. OB — 033 EXHIBIT "A" LEGAL DESCRIPTION RIGHT-OF-WAY APN: 627-101-038, 039 34 THENCE ALONG SAID WESTERLY LINE NORTH 00°09'46" EAST A DISTANCE OF 153.12 35 FEET TO THE SOUTHWESTERLY CORNER OF PARCEL "G" OF THAT EASEMENT GRANTED 36 TO THE CITY OF PALM DESERT PER INSTRUMENT NUMBER 124086, RECORDED JUNE 22, 37 1983; 38 39 THENCE LEAVING SAID WESTERLY LINE ALONG THE EASTERLY LINE OF SAID 40 EASEMENT THE FOLLOWING FOUR COURSES; 41 42 NORTH 89°51'52" EAST A DISTANCE OF 0.47 FEET; 43 44 THENCE NORTH 03°09'52" EAST A DISTANCE OF 111.44 FEET TO THE BEGINNING OF A 45 32.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; 46 47 THENCE NORTHEASTERLY ALONG SAID CURVE A DISTANCE OF 46.22 FEET THROUGH A 48 CENTRAL ANGLE OF 82°45'52"; 49 50 THENCE NORTH 04°04' 16" WEST A DISTANCE OF 1.49 FEET TO THE NORTHERLY LINE OF 51 SAID LOT 1 AND THE TRUE POINT OF BEGINNING. 52 53 CONTAINING 7,705 SQUARE FEET OR 0.177 ACRE, MORE OR LESS. 54 55 ALL AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A 56 PART HEREOF. MICHAEL JAMES KNAPTON P.L.S.8012 REV: 12/07/2012 12/07/2012 DATE CC No. 8012 Q- '4TFOF CA1g°Q� Page 2 of 2 RESOLUTION NO. OB - 033 EXHIBIT "B" 0 SCALE: z SAN PABLO 50 FRED 1- 0 0 a_ DETAIL "A" SCALE: 1" = 1' 100 = 100' LEGEND P.O.C. WARING DRIVE S'LY LINE SECTION 17 P.O.C. NW'LY COR. LOT I N z SEE DETAIL "B" T.P.O.B. LI, L2 SEE DETAIL "A" o W'LY LINE LOT 1- MOST EASTERLY CORNER INST. NO. 124083, O.R. REC. 6/22/1983 FRED WARING DRIVE 200 L13 C1 L2 - T.P.O.B. POR. LOT 1 PALMA VILLAGE GROVES M.B. 20/51 DETAIL 'B" SCALE: 1" = 5' INDICATES RIGHT-OF-WAY GRANTED HEREON (7,705 SQ. FT. / 0.177 AC) POINT OF COMMENCEMENT T.P.O.B. TRUE POINT OF BEGINNING (R) INDICATES RADIAL BEARING EMEn IGmley-Hom MN and Assodates, Iry ENGINEERING, PLANNING & ENVRONMENTAL CONSULTANTS 401 B Street, SUITE 600 SAN DIEGO, CA 92101 TEL: (619) 234-9411 PREP/IRE/9., 12/06/2012 MICHAEL J. KNAP ON PLS 8012 DATE CURVE C1 J 25' C L9 L3 L7 L8 SANTA ROSA WAY CURVE TABLE LENGTH RADIUS DELTA 46.22' 32.00' 82°45'52" LINE TABLE LINE LENGTH L 1 35.79' L2 20.05' L3 L4 L5 L6 L7 L8 L9 LI0 L11 L12 L13 32.95' 196.45' 57.78' 18.41' 8.53' 33.38' 4.23' 153.12' 0.47' 1 1 1.44' 1.49' BEARING N89°51'21"E N89°51'21"E S44°31 ' 10"W S03 °01 '34 "W S00°04'43"E S45°09'45"E S00° 14'46"E N89°49'21"E N45°00'27"W NOO°09'46"E N89°51 '52"E NO3°09'52"E N04°04'16"W VICINITY MAP APN: 622160040 House#: 0 jg, h N: 622160040 ouse#: 0 APN: RW House#: 0 SANTA ROSA WAY 627- 101- 039 APN: 627101038 House#: 0 SANTA ROSA WAY #: 44200 APN: RW House#P 0 . SANTA ROSA WAY Legend — Circulation Network 0 City Boundary 2009 Green: Band_2 Streets ❑ Parcels (10/2012) ■ Red: Band_1 111 Blue: Band_3 1:1,483 Notes 0 �9_ 73 74 RED WADING DR. SECTION SANTA ROSA WAY STREET ,os=„j :3 1VDS z CITY OF PALM DESERT DEPARTMENT OF PUBLIC WORKS Cr) m