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HomeMy WebLinkAboutSA-RDA 050RESOLUTION NO. SA-RDA 050 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY AUTHORIZING AND APPROVING THE CONVEYANCE OF A QUITCLAIM DEED TO THE CITY OF PALM DESERT RELATING TO AN EASEMENT ON CERTAIN REAL PROPERTY KNOWN AS A.P.N. 627-261-006 RECITALS: 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 to 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 rufes 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 (the "Board") consisting of the members of the City Council of the City. WHEREAS, The Long Range Property Management Plan was approved by the State of California Department of Finance on June 2, 2014 allowing for the conveyance of the easements granted to the Agency pursuant to that certain Easement Agreement dated as of April 15, 1999 (as amended from time to time, the "Easement AgreemenY'), between The Gardens on EI Paseo LLC, a Delaware limited liability company (the "Developer"), as the successor-in-interest to EI Paseo Properties Limited Partnership, a Delaware Limited Partnership, by which Developer's predecessor granted to Agency a nonexclusive easement for public parking purposes over the parking structure as described in the Easement Agreement. WHEREAS, the Board desires to authorize and approve the conveyance of the interests in the real property described in the Quitclaim Deed attached hereto as Exhibit A. The form of the deed may be subject to minor, non-substantive amendments as approved by legal counsel to the Successor Agency. NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY HEREBY FINDS, DETERMINES, RESOLVES, AND ORDERS AS FOLLOWS: 72�00 u0000�,z 196;xx4 I RESOLDTION NO. SA-RDA 050 Section 1. The above recitals are true and correct and are a substantive part of this Resolution. Section 2. The Board hereby authorizes and approves the conveyance of the interests in real property described in the Quitclaim Deed and authorizes and directs the Chair to execute and deliver the Quitclaim Deed. Section 3. The officers and staff of the Successor Agency are hereby authorized and directed, jointly and severally, to do any and all things which they may deem necessary or advisable to effectuate this Resolution, and any such actions previously taken by such officers or staff are hereby ratified and confirmed. PASSED, APPROVED, AND ADOPTED this loth day of December . 2015. AYES: NOES: ABSENT: ABSTAIN AARNIK, JONATRAN, TANNER, WEBER, and SPIEGEL NONE NONE NQNE ! d � ROBERT A. SPIEGEL, IR ATTEST: ELLE D. KLASSEN, CRETARY SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY -2- � � .-. ..... .�. .r. v _. ... _ ._. _ _ _. _� _.. ._ __ _,.,,,...,.� ._...... RESOLUTION NO. SA-RDA 050 EXHIBIT A FORM OF QUITCLAIM DEED RESOLUTION NO. SA-RDA 050 QUITCLAIM DEED AS TO FORM RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, Califomia 92260 Attention: City Clerk's Office QUITCLAIM DEED This transfer is exempt from Documentary Transfer Tax pursuant to Revenue 8 Taxation Code Section 11922, and exempt from Recording Fees pursuant to California Government Code Section 6103. The SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY, a public body, corporate and politic, does hereby REMISE, RELEASE, AND FOREVER QUITCLAIM to the CITY OF PALM DESERT, a municipal corporation, all of its right, title, obligations, and interest in, under, and to that certain Easement Agreement dated April 15, 1999, and recorded on April 30, 1999 as Document No. 1999-186557 in the official records of Riverside County, California, as amended by that certain Addendum to Easement Agreement, dated January 8, 2004, and recorded on April 9, 2004, as Document No. 2004-0258852 in the official records of Riverside County, California, and as further amended by that certain Second Addendum to Easement Agreement dated as of June 26, 2008, and recorded on March 18, 2009, as Document No. 2009-0130399 in the official records of Riverside County, California (as amended, the "Easement Agreement"), which Easement Agreement pertains to that certain real property located in the County of Riverside, State of California, more particularly described on Exhibit A attached hereto. IN WITNESS WHEREOF, the undersigned has executed this Quitclaim Deed as of the date set forth below. [SPACE ABOVE FOR RECORDER'S USE ONLY] � rrrr ... ..r Dated: , 2015 L� SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY, a public body, corporate and politic Robert A. Spiegel, Chair A ..� 72500.00000�2 I 933484. I RESOLUTION NO. SA-RDA 050 QUITCLAIM DEED AS TO FORM ACKNOWLEDGEMENT A notary public or othcr officer completing this certificate verifies only the idcntity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that documcnt. STATE OF CALIFORNIA COUNTY OF On before me, , Notary Public, personally appcarcd , who proved to mc on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to thc within instrument and acknowlcdged to me that he/shc/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signaturc(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 scal. Signature (Seal) 72500.00000�2 I 933484.1 RESOLUTION NO. SA-RDA 050 QUITCLAIM DEED AS TO FORM 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 by that certain Quitclaim Deed dated , 2015, executed by the Successor Agency to the Palm Desert Redevelopment Agency is hereby accepted by the undersigned officer on behalf of the City of Palm Desert pursuant to the action taken by the Oversight Board of the Successor Agency to the Palm Desert Redevelopment Agency meeting held on , 2015, and the grantee consents to recordation thereof by its duly authorized officer. CITY OF PALM DESERT, a municipal corporation � ACKNOWLEDGEMENT Robert A. Spiegel, Mayor ..� ..r A notary public or othcr officer completing this certificate verifies oniy the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA CK�l�J��r•L�7� On before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribcd to thc 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 signaturc(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I ccrtify under PENALTY OF PERJURY under thc laws of thc Statc of California that thc forcgoing paragraph is true and correct. WITNESS my hand and official scal. Signaturc .�., ..r � (Seal) � 72500.0(�00�21933484. I RESOLUTION NO. SA-RDA 050 QUITCLAIM DEED AS TO FORM EXHIBIT A LEGAL DESCRIPTION PARCELS 1 AND 2 OF PARCEL MAP NO. 4655, 1N THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 7, PAGE 42 OF PARCEL MAPS, RECORDS OF RNERSIDE COUNTY, CALIFORNIA. EXCEPTING ONE-SIXTEENTH OF ALL COAL, OIL, GAS AND OTHER MINERAL DEPOSITS IN SAID LAND, AS RESERVED 1N PATEI�TT FROM STATE OF CALIFORNIA, RECORDED JULY 17, 1925 IN BOOK. 9, 102 OF PATENTS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA Assessor's Parcel Number: 627-261-006-4 72500. (�000�2 I 933484. I