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Home My WebLink AboutOB 169RESOLUTION NO. OB - 169 A RESOLUTION OF THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY DIRECTING THE TRANSFER OF A GOVERNMENTAL USE PROPERTY (APN 622-250-008) TO THE CITY OF PALM DESERT AND TAKING RELATED ACTIONS RECITALS: A. Pursuant to AB X1 26 (enacted in June 2011) and the California Supreme Court's decision in California 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. HSC Section 34181(a) sets forth certain requirements for the Oversight Board to direct the Successor Agency to dispose of the Former Agency's properties, but provides that the Oversight Board may direct the Successor Agency to transfer ownership of a property that was constructed and used for a governmental purpose (including, among others, parks and government administrative facilities) to the appropriate public jurisdiction; and F. 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 G. 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 12812-0001 \21 -19026% 1 dot: RESOLUTION NO. OB - 169 H. In furtherance of the Successor Agency's wind -down of the Former Agency's affairs, the Oversight Board desires to direct the transfer this governmental use Property to the City pursuant to HSC Section 34181(a); and Notice of the proposed action presented in this Resolution was posted beginning on January 9 , 2018; NOW, THEREFORE, THE OVERSIGHT BOARD 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 Oversight Board hereby authorizes and directs the Successor Agency to transfer of the Property to the City and authorizes the Successor Agency to execute and deliver a quitclaim deed (the "Deed"), substantially in the form attached as Attachment A, for such transfer. Section 3. The members of this Oversight Board and the officers and staff of the Successor Agency are hereby authorized, jointly and severally, to do all things which they may deem necessary or proper to effectuate the purposes of this Resolution and the Deed. PASSED, APPROVED and ADOPTED this 22nd day of January, 2018. AYES: BIANCO, JONATHAN, McCORMICK, RODRIGUEZ, STENDELL, and WEBER NOES: NONE ABSENT: WILSON _ — wyJ— SUSAN MARIE WEBER, CHAIR ABSTAIN: NONE ATTEST: HELLE D. KM -SS i SECRETAR OVERSIGHT BOARD FOR THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY -2- 128I 2-0001'\2149026% 1 doc RESOLUTION NO. OB - 169 ATTACHMENT A FORM OF QUITCLAIM DEED 12812-0001\2149026v1 doc RESOLUTION NO. OB - 169 [THIS PAGE LEFT INTENTIONALLY BLANK.] RESOLUTION NO. OB - 169 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 Attention: City Clerk APN(s): 622-250-008 [SPACE ABOVE FOR RECORDER'S USE ONLY] 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 27383. QUITCLAIM DEED TI-IE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY (the "Successor Agency") does hereby REMISE, RELEASE ANI) 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 as shown by Tract No. 19074-1, as shown by map on file in Book 141 Pages 58 through 64, inclusive, of Maps, Records of Riverside County, California. IN WITNESS WHEREOF, the undersigned has executed this Quitclaim Deed as of the date set forth below. Dated: , 2018 SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY Attest: By: Lauri Aylaian Rachelle D. Klassen Executive Director Secretary 12812-0001\21490- IkI.doc RESOLUTION NO. OB - 169 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to µhich this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California ) County of Riverside ) On , before me, (insert name and title of the officer) Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 0,11118 I2812-0001\2149041v1 doc RESOLUTION NO. OB - 169 CERTIFICATE OF ACCEPTANCE (California Government Code Section 27281) This is to certify that the interest in real property conveyed to the City of Palm Desert (the "City") by that certain Quitclaim Deed, dated , 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. of the City Council of the City, adopted on , 2018, and the City consents to the recordation thereof by its duly authorized officer. Dated: , 2018 CITY OF PALM DESERT By: Sabby Jonathan Mayor 12812-0001\2149041‘1 doc RESOLUTION NO. OB - 169 A notary public or other officer completing this certificate verifies only the identity of the mdis idual who signed the document to v.hich this certificate is attached, and not the truthfulness. accuracy, or validity of that document State of California ) County of Riverside ) On , before me. (insert name and title of the officer) Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 128 l 2-0001 '2149041 y 1 doc