HomeMy WebLinkAboutResolution 2012-69 and Sign Permit - Redevelopment Agency 013 - APN 637-071-002 - Joint ConsiderationCITY OF PALM DESERT/SUCCESSOR AGENCY TO THE PALM
DESERT REDEVELOPMENT AGENCY
STAFF REPORT
REQUEST: AUTHORIZATION TO CONVEY REAL PROPERTY KNOWN AS APN
637-071-002 FROM THE CITY OF PALM DESERT TO THE
SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT
AGENCY
SUBMITTED BY: Martin Alvarez, Director of Economic Development
DATE: October 25, 2012
CONTENTS: Resolution No. 2012_69
SA Resolution No. 013
Site Map
Recommendation
1) That the City Council waive further reading and adopt Resolution No.2012-69
authorizing and approving the conveyance of real property known as A.P.N.
637-071-002 to the Successor Agency to the Palm Desert Redevelopment
Agency.
2) That the Board of Directors of the Successor Agency to the Palm Desert
Redevelopment Agency waive further reading and adopt Resolution No.SA-RnA 013
accepting the conveyance of real property know as A.P.N. 637-071-002.
3) By Minute Motion: Authorize the Mayor/Chairman to execute any and all
documents necessary for the conveyance.
Background
On February 24, 2011, the former Palm Desert Redevelopment Agency (Agency) transferred all
Agency owned properties to the City and approved a Delegation and Conveyance Agreement
between the City and the former Agency. The transfer included 69 properties purchased with
Redevelopment Funds.
On June 29, 2011, the California Governor signed AB X1 and AB X1 27, which required the
dissolution of all California Redevelopment Agencies and authorized the creation of the
Successor Agencies to manage the Agency's remaining assets. Although the transfer of the
Agency properties to the City occurred prior to the effective date of the Redevelopment Agency
dissolution, the California State Controller recently issued a letter ordering the City to return all
real property previously conveyed by the Agency after January 1, 2011, to the Successor
Staff Report
Conveyance of 637-071-002 from City to Successor Agency
October 25, 2012
Page 2 of 2
Agency.
Discussion:
In order to comply with the State Controller's order the attached resolutions will facilitate the
transfer of one 2.66 acre parcel, located at the southwest corner of Washington Street and
Avenue of the States from the City to the Successor Agency. This site currently contains a
5,314 square foot building operated as Casey's Restaurant and adjacent vacant land currently
under design for the Carlos Ortega Villas (see attached map).
The transfer of this property is being done separately from all the remaining property transfers in
order to expedite future amendments to Casey's existing lease. The current lease with Casey's
Restaurant is assigned and governed by the Successor Agency. The land conveyance from the
City to the Successor Agency will make the property ownership consistent with the lease holder
(i.e. Successor Agency). The remaining required property transfers will return to the
City/Successor Agency, once the Long Range Property Management Plan is developed.
Fiscal Analysis
The proposed conveyance of property from the City to the Successor Agency has no fiscal
impact to the General Fund.
Submitted B
CITY COUNCILA�TON
APPROVED DENTED,
rtin Alvarez, Director of Economic DevelopnMVEIVED OTHER.
MEE fC D T
AYES:
jJin Moore, Dire,for of Housing ES:
ABSENT:
ABSTAIN:
Approval: VERIFIED BY: 644M'
Fey
S� Original on File with City derks Offices
Pja� Gib irector of Finance
Wohlmuth, City Manager
BYSA-RDA 5 o
ON
Origi 4al on fi_IA SST i ' r
z �,.rn5 Off
ce
\\srv-fi12k3\groups\rda\Martin Alvarez\2012\SR\SA SR\10-25-12 Casey's TransferSA.docx
RESOLUTION NO. 201 2_h9
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT AUTHORIZING AND APPROVING CONVEYANCE OF
CERTAIN REAL PROPERTY KNOW AS A.P.N. 637-071-002 TO THE
SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT
AGENCY AND FURTHER AUTHORIZING THE EXECUTION AND
DELIVERY OF A QUITCLAIM DEED WITH RESPECT TO SUCH REAL
PROPERTY
RECITALS:
A. 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").
B. 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").
C. 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.
D. 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 City desires to execute and deliver to the Successor Agency that
certain quitclaim deed in the form attached hereto as Attachment "A" (the "Deed") and
conveying that certain real property described therein.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT
HEREBY FINDS, DETERMINES, RESOLVES, AND ORDERS AS FOLLOWS:
Section 1. The above recitals are true and correct and are a substantive part
of this Resolution.
Section 2. The City Council hereby authorizes the Mayor to execute and
deliver the Deed to the Successor Agency, 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.
P6401 -000 1\1501149v 1.doc
Resolution No. 2012-69
PASSED AND ADOPTED this day of , 2012.
Robert A. Spiegel, Mayor
ATTEST:
Rachelle D. Klassen, City Clerk
P6401-0001\1501149v1.doc 2
ATTACHMENT "A"
FORM OF QUITCLAIM DEED
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
Attention: City Clerk
APN(s):637-071-002 [SPACE ABOVE FOR RECORDER'S USE ONLY]
QUITCLAIM DEED
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.
The CITY OF PALM DESERT, a municipal corporation, does hereby REMISE,
RELEASE AND FOREVER QUITCLAIM to the SUCCESSOR AGENCY TO THE PALM
DESERT REDEVELOPMENT AGENCY all of its right, title, obligations and interest
(including without limitation, any interest as lessor) in, under and to that certain real
property located in the County of Riverside, State of California, more particularly
described on Exhibit A attached hereto, and all improvements and fixtures located
thereon.
IN WITNESS WHEREOF, the undersigned has executed this Quitclaim Deed as of
the date set forth below.
Dated: 2012
CITY OF PALM DESERT,
a municipal corporation
Robert A. Spiegel, Mayor
ATTEST:
Rachelle D. Klassen, City Clerk
P6401-0001\1501149v1.doc 3
STATE OF CALIFORNIA )
) ss
COUNTY OF RIVERSIDE )
On , before me,
a 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.
Notary Public
SEAL:
P6401-0001\1501149v1.doc
EXHIBIT "A"
Legal Description
THAT CERTAIN REAL PROPERTY LOCATED IN THE CITY OF PALM DESERT,
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS:
LOT 1, TRACT NO. 2137 IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE,
STATE OF CALIFORNIA, AS PER MAP ON FILE IN BOOK 41, PAGES 29 TO 36,
INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY.
P6401-0001 \ 1501149v L doc
RESOLUTION NO. SA -RDA 013
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT
AGENCY ACCEPTING THE CONVEYANCE OF CERTAIN REAL
PROPERTY KNOWN AS A.P.N. 637-071-002.
RECITALS:
A. 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").
B. 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").
C. 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 (the "Board") consisting of the
members of the City Council of the City.
D. 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, and pursuant to Health and Safety Code
Section 34167.5, the City has executed and delivered to the Board that certain quitclaim
deed conveying real property dated , 2012 and on file with the Secretary
(the "Deed") and the City may in the future execute and deliver to the Board an
additional quitclaim deed or deeds.
E. The Board desires to accept the conveyance of the real property
described in the Deed and the real property described in any such quitclaim deed or
deeds executed and delivered to the Board in the future.
NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE SUCCESSOR
AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY HEREBY FINDS,
DETERMINES, RESOLVES, AND ORDERS AS FOLLOWS:
Section 1. The above recitals are true and correct and are a substantive part
of this Resolution.
12812-0001\1501147vI.doc
Resolution No. SA -RDA 013
Section 2. This Resolution is adopted pursuant to Health and Safety Code
Section 34167.5.
Section 3. The Board hereby accepts the conveyance of the real property
described in the Deed and authorizes and directs the Chair to execute and cause to be
recorded an appropriate certificate of acceptance with respect to such real property and
the Deed and with respect to real property described in any quitclaim deed or deeds
executed and delivered by the City to the Board in the future.
Section 4. 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 AND ADOPTED this
ATTEST:
Rachelle D. Klassen, Secretary
day of
Robert A. Spiegel, Chairman
2012.
-2-
12812-0001 \1501147v Ldoc
- .001 ' .I
Description: Riverside,CA Assessor Map 637.7 Page: 1 of 3
Order: RD Comawnt:
ORDER NO. OR1052621
11