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HomeMy WebLinkAboutOB-033RESOLUTION 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 1 i NOW, THEREFORE, THE OVERSIGHT BOARD HEREBY FINDS, DETERMINES, RESOLVES, AND ORDERS AS FOLLOWS: .r 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 4m day of February 2013, by the following vote, to wit: AYES: BRANDL, BUCK, CARVER, LARSON, and SPIEGEL NOES: NONE ABSENT: DEAS and REYES ABSTAIN: NONE ATTEST: Ra helle D. Klassen Se etary Oversight Board for the Successor Agency to the Palm Desert Redevelopment Agency >< • Robert A. Spiegel, MI -2- 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 poi ..r INN 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 PARTICIJLARLY DESCRIBED AS FOLLOWS: 5 6 COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 1; 7 8 THENCE ALONG TIIE NORTHERLY LINE OF SAID LOT 1 NORTH 89°51'21" EAST A 9 DISTANCE OF 35.79 FEET TO TIIE TRUE POINT OF BEGINNING; 10 I 1 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. 12/07/2012 MICHAEL JAMES KNAPTON DATE P.L.S.8012 REV: 12/07/2012 Page 2 of 2 RESOLUTION NO. OB - 033 EXHIBIT "B" O.R. REC. 6 FRED ) WARING DRIVE S'LY LINE SECTION 17 DETAIL "A" SCALE: 1" = 1' 0 50 100 SCALE: 1" = 100' SEE DETAIL "B" T.P.O.B. P.O.C. - Ll'h {L2 NW'LY COR. LOT 1 I///F ` L3 N W SEE DETAIL "A" wom....,„ t W'LY LINE LOT 1 -- J MOST EASTERLY CORNER INST. NO. 124083, O.R. REC. 6/22/1983 F'RED WARING DRIVE L2 ----- LEGEND INDICATES RIGHT-OF-WAY GRANTED HEREON (7,705 SQ. FT. / 0.177 AC) P.O.C. POINT OF COMMENCEMENT T.P.O.B. TRUE POINT OF BEGINNING (R) INDICATES RADIAL BEARING LA and Associates, Int MOWERWG. PUAIONNG d DIVROM1ENTAL CONSULTANTS 401 B Street. SUITE 600 SAN DIEGO. CA 92101 brat 1EL: (619) 234-9411 PREP RED Cl L13 T.P.O.B. POR. LOT 1 PALMA VILLAGE GROVES 200 M.B.20/51 DETAIL "B" SCALE: l" = 5' 12/06/2012 MICHAEL J. KNAPTON PLS 8012 DATE 0 a CID r CURVE Cl L9 25' > 0 —O O" J Q' [Li J O—' c,> a_ L6 L7 L8 SANTA ROSA CURVE TABLE LENGTH RADIUS 46.22' 32.00' 0 WAY DELTA 82°45'52" LINE TABLE LINE LENGTH BEARING L 1 35.79' N89°51'21 "E 1 L2 20.05' N89°51 '21 "E 1 L3 32.95' S44°31'l0"W _L4 196.45' S03°01'34"W L5 57.78' SOO°04'43"E L6 18.41' S45°09'45"E L7 8.53' SOO°14'46"E L8 33.38' N89°49'21 "E 1 L9 4.23' N45°00'27"W L I O 153.12' NOO°09'46"E L1l 0.47' N89°51'52"E L 12 1 1 1.44' NO3°09'52"E L 13 1.49' N04°04' 16"W J