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HomeMy WebLinkAboutRes 2012-69 and SA-RDA 013 - APN 637-071-002CITY 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 o13 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. Backqround 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 Analvsis The proposed conveyance of property from the City to the Successor Agency has no fiscal impact to the General Fund. Submitted B � rtin Alvarez, Director of Economic Development � J n Moore, Dire�ctor of Housing Approval: F�y S� P�.1 Gib , irector of Finance n IVI. Wohlmuth, City Manager \\srv-fil2k3\groupsUda\Martin Alvarez�2012\SR\SA SR\10-25-12 Casey's TransferSA.docx _ _ RESOLUTION NO. �ni �_hq 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. P6401-0001 \ 1501149v l .doc Resolution No. 2012-69 PASSED AND ADOPTED this day of , 2012. Robert A. Spiegel, Mayor ATTEST: Rachelle D. Kiassen, 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 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" Leqal 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 1. 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. i2si2-000i�isoiia��i.aoc Resolution No. SA-RDA 013 Section 2. Section 34167.5. This Resolution is adopted pursuant to Health and Safety Code 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, join#ly 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 day of Robert A. Spiegel, Chairman ATTEST: Rachelle D. Klassen, Secretary izaia-000i�isoi i4��i.ao� -2- 2012.