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Home My WebLink AboutSA-RDA 067RESOLUTION NO. SA-RDA 067 A RESOLUTION OF THE BOARD DIRECTORS 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 Califomia Redevelopment Association, et al. v. Ana Matosantos, et a/., 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 pubVic 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 "P�operty"), 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 12R12-0001�2149133v1.doc Resolution No. SA-RDA 067 H. In furtherance of its wind-down of the Former Agency's affairs, the .,� Successor Agency desires to transfer this governmental use Property to the City pursuant to HSC Section 34181(a); and ._., I. The Oversight Board is expected to consider the adoption of a resolution ("Oversight Board Resolution") directing the transfer of the Property to the City; and NOW, THEREFORE, THE BOARD OF DIRECTORS 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 transfer of the Property to the City is hereby authorized and approved. Each of the Chair (or, in the Chair's absence, the Vice Chair) and the Successor Agency's Executive Director (together, the "Authorized Officers"), acting individually, is hereby authorized to execute and deliver, for and in the name of the Successor Agency, a quitclaim deed (the "Deed"), substantially in the form attached as Attachment A, to effect and evidence such transfer; provided, that such execution shall occur after the Oversight Board Resolution takes effect. Section 3. The Authorized Officers and other officers and Staff members of the � Successor Agency are hereby authorized, Sointly and sevecally, 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`d,ON�fRAN, CHAIR ATTEST: RA ELL D. LA EN, ECRETA Y SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY . �-, -2- 12RI2-000I�2I49133vI doc ATTACHMENT A FORM OF QUITCLAIM DEED 12812-OOQ1�2149U26v1 doc .�.. }tF,CURI�ING REQUEST�.D BY AND WHF:N RF.CORDED RETURN 'TO: City ot� Palm Dcscrt 73-5 l U H'red Warinb Urive Palm Desert, California 92260 Attention: City Clerk AI'N(s): 622-250-008 [SPACF AF30VE I�OR RECORDER'S USE ONLY] This trun�fc�r is exempt from Docuntentary Transjer Tax pursuun[ tv Reve�nue & Tuxu�ivn Cvde Section 11921, and e�ze�mn� frvm Recvrdin� Fees pursuant to California Gnvernment Code Sc�ctinn 27383. QUITCLAIM UEEU THE SUCCESSOR AGENCY 'I�O TF�E: PALM DF.SERT REDEVELOPMEN'l� AGENCY (the "Successor Agenc:y") does hereby R�MIS�:, RELEASE nNU FOREV�R QUI'1'C[.AIM to thc CI"I�Y UF PALM DES�RT, 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 Caliiornia, dcscribcd as: Lot 81 us shvx�n hy Pa�e.s� .58 through Culifr�rniu. %ruc� Nv. 1907;1-1, us sho►ti•n by mup un file in 13ook I-�1 6-�, in�lusive, of Map.c, Rc�cnrds of Riverside C.'vunty, fN WITNESS W�iFREOF, the undersi�ned has executed this Quitclaim Deed as of the date set forth below. I)ated: , 2018 SUCCF.SSOR AGCNCY 'CO THE PALM DESERT REDEVELOPMENT AG�NCY ay: Lauri Aylaian Executive Director Attest: Rachelle D. Klassen Secretary . .r ... ,.. .-� ti 12x12•OQ01�2ta9oal�l duc CERTIFICATE OF ACCEPTANCE (California Government Code Section 27281) This is to certify that the interest in real property conve}�ed 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 : Sabby Jonathan Mayor I 2R ! 2-0001'�21 �19Q�1 I v I doc 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 ofticer. Dated: , 2018 CITY OF PALM DESERT �: Sabby Jonathan Mayor ... �� w ..� �- � �� I 2812-0001 21 �3�)U-i I � I doc �AGNESrA FALLS DR MAGNESyA FALLS DR PRIVATE ST PRIVATE ST � Q 0 m a Z � � PRIVATE R0 W � Q O J m a Z � W � Q O m a 2 � APN:622-250-008 Lot 81 FRED WAR/NG DR � A � � , L � � � �1 �1 y ti PRIVATE ST PR/VATE ST ! s � z C'�� J� r v J� � 4 2 � � J � 61 N 4 x � � � � H 4 2t N _ � � 0 ti MASSON ST � KRUO AVE � � m m � � A RAHCHO RD RANCHO RD � � m m � A A APN:622-250-008 Lot 81 0 . _, � ,'�,�: :`. 57- �? ��. ��OI- loo� Rf:CC)RI)ItiCJ R�QL,�I:S�I�E�:U E3�' :i\D ��'1{F�.\ RI:COIZnI:D RF:l�L"R\ "I�O: Citti� of� Palm I)esert 73-� 10 Fred ��`aring Dri��e Palm I)�sert. Califomia 92260 ��tt�ntion: Cit� Clerk :�F'\'(s): 622-2�0-008 2018-0082813 03/0b/2018 08:00 AM Fee: $ 0.00 Page 1 of 4 Recorded ln Official Records County of Riverside Peter Aldana Assessor-County Clerk-Recorder 1111 �� M� �'�I��'��il P 1 7{11.5 lYUi1.SfL'i' l.S P.\�E'ii1�7( �i'O131 DOC1li71PillCll}' 7/'C1i1S%C'i' I�CI.I" r711i'.ti'IlQi2l !O RPl'C'i111C' c�'' TCIYCI(lOil � j (.'oc/c� Se�ctioiz 119??, a�ul exc��ri/�t,�rofrt Kecordin� FceS �71(/'S'ifUil( 10 C�QIl�Oi'/71C! C�UI'L'i'YlillC'l11 C'oc�'c� Sc�c�tic��t ?'3h'.3. Resolution Nos. 2018-01 and SA-RDA 067 QUITCLAI�i I)EE;U "I�EII: SL�CC'I;SSOR ��GI�\C�' �I�O "I�flt: Pf�I_:�1 DI:SE;R"I� RI:U�:VEI.OP��1E�ti1� AGI:\C�' (thc "Successor :��enc�..) does hercb� RI�'�1ISI�. fZE:[.E:��SE: A:�U FORI;VI:R (1UI I�CLA[�1 to the CI"I�Y vi= P�1I_'�1 ULSI:R7�. a muni�ipal corporation ("Cit}�"), all of� th� Succ�ssor A�J�nc}��s ri��ht, title and interest in. under and to that ccrtain real properties (and all impro��ements and ti�tur�s located thercc�n) locatcd in th� Count�� of Ri��erside, Statc of California, d�scribcd as: I.n! <�1 u.s s{roi��t ht I'u;��.ti� ��S t{a��c�u,�{r C�cili�orniu. Iruc•t �'n. 19U--t-1, us s{totir� h}� �ncr�� on Jilc� in I3ook 1-�1 G-l. l�tc•lrr.si��, c�/� .ticrp.s. Kcc�>r�l., c�/ Ki�•c�j•.ti�icl�� C'oti�ttl', Iti ��11 tiFSS �'l"f f�:KEOI , th� undersi��ned ha> ezecuted this (,)uitclaim nted as ot� th� date sct forth belo�ti. I)ated: January 11 , 2U 18 SC;CC}�:SSOR .�G[�.\C'�' "I�() Tf IE-: f'.-�[.`I I)I:SE:R I RL:[)E��"f.�:[.Ol'�iF�:'� 1� .-�GE�,'�'('�' .-�ttest: Ra ellc D. Klassen Secretar� � � —�'- '''�r�' " `� --" � — f3 � : _ - Lauri A��laian E:Yecuti��e I�ir�ctor i�s i�-ooc i� i i�r.�.a i� � a�� g- �� t� .� I � � i�. n��[a�� p�ihl!� or c:h.r :.,�tl::r �rmp!�t:r._ ;!u, ��rt!f:�a!: �cri!1., :�:;:� tl:� i.l:tnuh <�� [h� i^,'.n id�[�� h.� iien�.1 thc d,��.i:n:nt t,> ��h:; h[h:� ;:rrt;ti�a:: n I � a:�,.ch:.! a:�.: n��t d�� trud,tL!r.,; ,....:r.i.� ��r �a:•iJ;t, uf that J.,�.;�:cnt i I Stat� ot�California ) Count� of� Ri� crside ) On _February_.26�__2018_____ ___._.. bc:forc m�. _M. G. Sanchez (ins�R nsmr ard utic efth� o�tl�c:l \otar� Public, personall� a�pcarcd Lauri Aylaian ------ ,«ho pro�ed to me on the basis ot� satisfactor� e��idence to bc: the person(,t� ��hasc: name(�} is��e subscribed to thc �� ithin instrtiment a►ld ackno«�ledged to me that �e'shclt�'e} executed the same in �s/her/t�feir authorired capacit�(ir%�), and that b� Yy�s.'h�n'�Y�ir si`�nature(�) on the instrt�ment the persoil(„�). c�r [I1C tfl[ll� U�llll hCI11It C)t ��111CI1 lile' �c:rson(� acte�l, c:�ecuted the instrument. [ certif�� und�r PI:\:�(.Tl' OE� PI�:fZJl1R1' und�r th� la��s oi�thc 5tat� ofC'alif�rnia that th� iur�gc�in�� para�_raph is tru� and c�rnc:t. ��Il�til•: �1LI1�llll I�J1=-�' l;l _'il�)�:�I�:.!��. CERTIFIC'ATE OF ACCEI'"I':1tiCF; (California Go� ernment Code Section 27281) This is t� certit�� that the interest in rca[ prop�rt� come�ed to the Cit�� of I'alm Desert (thr "Cit��) b� that ccrtain Quitclaim Deed, dated ,7anuary 11 _ 2018, e�ec:uted by� th� Successor Agenci of� the Palm I�esert Rede��elopment A�enc� is hereb�� accepted bti� thc undersi�ned officer on hehalf of the Cit�� pursuant to the authorit� conferred b�� Resolution ti'o. 2018-01 of the Cih� Council of thc Cit�, adopted on .7anuary 11_, 2018, and the Cit�• consents to the recordation thereof b� its dul� authorircd ofticer. Uated: January 1 ], 2018 CIT1' n,�' I'��L:�i DI�:SF,R li� : Sahb}�Toj�athan �ta��or 1 i=s,,-�;�� ,ia�r,�i�i a,�� 0 � � n,,tar� puhii� ur u:h;r ottic�r cumpi�cu:.^_ tins crrtiti.a;c �cntic, ��I} tit� � id�ntit� cf thc ir�i��idual ��h��;i�n,d [h� d��cum�nt t�� hi�h this �ertificatr ;> ' at;a.;h�J �;iJ n�,: th� tru:iifu!r..;s. a.:,ura�}. a; �a'�d�t� i>fthat do;.um.nt I Statc of California ) Cc�unt�� of Ri��ersidc ) On February 26z 2018 . befor� m�. M. G. Sanchez , _--.. _--- — lin<ert n;�rn� ar,d Utl: of[ht ofticer) \otar�� Public. personall� appeared Sabby Jonathan ------- ,��ho pro��ed tu mc on the basis of satist�actor� e�idence to be the persan(� ��hose name� is!a�� subscribed to thc «ithin instrument and ackno��ledged to mr that hc:'sKe•'tf�}� e�ecuted the same in his'l�y�r/t}}t�ir auth�rired ca�acit}(ie�j, and that b} his'h�r�th�r signature(,� on the instrument th� �erson�), or the entit�� up��n behalfof �chich the p�rson(�S) act�d, czecuted the instrtunent. I c�rtit�� unc3�r P��:\r�I.�(>' O1� I'I:RJL;R� llI1CI�r the la��s ot�the State ot�Califarnia tha[ thc for��oing ��u-a`�rap}i is trti� and corrcct. ��'I�I�\F:S �i��nattir� (Seal) • M. G. SANCHEZ '�,� Commission # 2084254 Z.�-e. Notary Public - Calrfornia i z � ' � Riverside County D My Comm. Expires Oct 29, 2G18 '.`i I�-�i�!�;: ' I i�)�,�: � I �•��