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Home My WebLink AboutCC RES 2018-01RESOLUTION 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 Califomia 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 \2149144v 1.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. AYES: HARNIK, KELLY, NESTANDE, WEBER, AND JONATHAN NOES: NONE ABSENT: NONE ABSTAIN: NONE SABBY J 1' NA HAN, MAYOR CITY OF ' LM DESERT, CALIFORNIA ATTEST: i 1,04I .3 mow► .! R' HEL D. KLASS , CITY CLER CITY OF PALM DESERT, CALIFORN -2- I2812-0001\2I49144vI.doc 'wt- 1001 RECORDING REQUESTED BY AND WIIFN RECORDED RETURN TO: City of Palm Desert 73-510 Fred Waring Drive Palm Desert. California 92260 Attention: City Clerk APN(s): 622-250-008 This trans/ r is exempt from Docu nentary Jrani er Tax pursuant to Revenue & Taxation % Code Section 11922, and exempt _ rom Recording Fees pursuant to Cali °. rnla Government Cock Section 2-'383. Resolution Nos. 2018-01 and SA -RDA 067 2018-0082813 03/08/2018 08:00 AM Fee: $ 0.00 Page 1 of 4 Recorded in Official Records County of Riverside Peter Aldana Assessor -County Clerk -Recorder IIflIIHIPAIIVEtif01111111 R A Exam: :5(,g RFD 1st Pg Adtl Pg Cert CC /— Page SIZE DA PCOR Misc Long NCOR SMF( NC : QUITCLAI\1 DEED I I IL SUCCESSOR AGENCY TO THE PAL\I DESERT REDEVELOPMENT AGENCY (the "Successor Agency-) does hereby REM-IISE, 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 U.S' S/loll'il by -frac t No. 196 --/-1, as shown by inap on file in Book 141 1'a�es' 8 through 64, inclusive, of .tfaps. Records o/ Riverside County. all%rnia. IN WITNESS WHEREOF, the undersigned has executed this Quitclaim Deed as of the date set tbrth below. Dated: January 11 , 2018 SUCCESSOR AGENCY TO TI IE PAL`1 DESERT REDEVELOPMENT AGENCY Attest: Lauri Aylaian Executive Director Ra elle D. Klassen Secretar\ 12812-''cr t 2 I a90l l‘ t d c \ notar} rub!!‘: or t!:-r. u: cr c.vnp:ct. _ [!u-, cer::..a!: ter ic, identtt\ of the c:,!i\ idual h. ,rtncd thc doctrrnenl t. ‘‘hich tl;i, c.rtiii.n:: i, ai:a.:Lcd and not the trut!'.tu!ne,> a:: tr: ' or 1.a:td:t\ of that d,,.an•.ert State of California ) County of Riverside ) On February 26,2018 _ . before me. M. G. Sanchez — -- (inert name and title rofthe ollicer) Notary Public. personall} appeared Lauri Aylaian , who proved to me on the basis of satisfactory evidence to be the person(X) whose name(es) ista/e subscribed to the within instrument and acknowledged to me that Ike%she/tla'ey executed the same in Vs'her,'tJ'eir authorized capacitv(ig5). and that b\ 1}is'her't1(ir signature() on the instrument the person(), or the entity upon behalf of which the person( acted. executed the instrument. I certify under I'I:N:\I.1 Y OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS SS hand . ficial sc•il. Si`anature�.1 (Seal) M. G. SANCHEZ Commission # 2084254 Notary Public - California Riverside County My Comm. Expires Oct 29. 2018 T I2SI'-1;•1 ; 2i4)f 4I�I d,c CERTIFICATE OF ACCEPTANCE (California Government Code Section 27281) This is to certify that the interest in real property conyQed to the City of Palm Desert (the --City") by that certain Quitclaim Deed, dated January 11 , 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. 2018-01 of the City Council of the City, adopted on January 11 , 2018, and the City consents to the recordation thereof by its duly authorized officer. Dated: January 11, 2018 CITY orP 1,NI DESERT 13y: Sabby Mayor o athan 1'S12-::( 2149:4 1 doc A not; n_ puhhc or o:her officer compieun_ tits; ce titie.Ce ‘ertties only the tdenuh u) the tndiN.:dua : Phr stuncd the document to hich thi_ „ertiti;u:e attached and not the tru hfulness a :era,\ or %<:'iJit. oftha: document State of California ) Count\ of Riverside ) On February 26, 2018 - before me. M. G. Sanchez nn,ert name and title of the ofti,:er) Notary Public. personally appeared Sabby Jonathan _. who proved to me on the basis of satisfactory evidence to be the person \\hose name is'aft. subscribed to the \\ ithin instrument and acknowledged to me that he'sl/e.'tl V executed the same in his/1 r/tVir authorized capacit\ (iey). and that by his'h r'th r signature on on the instrument the person ). or the entity upon behalf of \\hich the person(,) acted, executed the instrument. l certify under PENAL -I Y OF PERJURY under the la\\ s of the State of California that the foregoing paragraph is true and correct. \\'l I NLSS m\ hatdvial seal. , Siunature (Seal) M. G. SANCHEZ Commission # 2084254 a ru sr Notary Public - California Riverside County My Comm Expires Oct 29, 2018 i _-U,;c ! 21 19(.4: t I J.