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Home My WebLink AboutAPN 627-101-038 and 627-101-039 - Prjct 656-06CITY OF PALM DESERT JOINT CONSIDERATION SUCCESSOR AGEN�CY TO THE PALM DESERT REDEVELOPMENT AGENCY WITH PALM DESERT CITY COUNCIL STAFF REPORT REQUEST: AUTHORIZATION TO CONVEY REAL PROPERTY KNOWN AS APN 627-101-038 AND APN 627-101-039 FROM THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY TO THE CITY OF PALM DESERT (PROJECT NO. 656-06) SUBMITTED BY: Mark Greenwood, Public Works Director Martin Alvarez, Director of Economic Development DATE: January 24, 2013 CONTENTS: Resolution No. SA-RDA o�5 Resolution No. 2013- 04 Vicinity Map Recommendation 1) That the Board of Directors of the Successor Agency to the Palm Desert Redevelopment Agency (Successor Agency) waive further reading and adopt Resolution No. SA-RDA oi5 authorizing and approving the conveyance of real property known as APN 627-101-038 and APN 627-101-039 to the City of Palm Desert (City). 2) That the City Council waive further reading and adopt Resolution No. 2013- 04 accepting the conveyance of real property known as APN 627-101-038 and APN 627-101-039 from the Successor Agency to the City. 3) By Minute Motion, authorize the Mayor/Chairman to execute any and all documents necessary for the conveyance. Staff Report Conveyance of 627-101-038 and 627-101-039 from Successor Agency to City Page2of3 January 24, 2013 Backctround On May 27, 2010, the City Council approved Contract No. C29780 with Kimley Horn and Associates for design engineering services for the Fred Waring Drive and Monterey Avenue Improvement Project. The project is intended to improve traffic flow on Fred Waring Drive, and alleviate traffic congestion on Monterey Avenue by increasing the number of lanes along Monterey Avenue and adding various turn pockets along Fred Waring Drive. Additional right-of-way is required for the construction of the additional lanes and the turn pockets. The proposed right turn pocket on northbound San Pablo Drive to eastbound Fred Waring Drive requires the acquisition of right-of-way from the Successor Agency. On February 24, 2011, the former Palm Desert Redevelopment Agency (RDA) transferred all RDA-owned properties to the City and approved a Delegation and Conveyance Agreement between the City and the former RDA. The transfer included 69 properties purchased with redevelopment funds. The subject properties were included in this transfer. On June 29, 2011, the California Governor signed AB X1-26 and AB X1-27, which required the dissolution of all California redevelopment agencies and authorized the creation of the successor agencies to manage former redevelopment agencies' assets. Although the transfer of the RDA 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 to the Successor Agency all real property conveyed by the RDA after January 1, 2011. In order to comply with the State Controller's order the transferred properties are now held by the Successor Agency. Staff has consulted with the City Attorney and the determination was made to move forward with the acquisition. The attached resolutions will facititate the transfer of 0.177 acres of the two parcels located at the southeast corner of Fred Waring Drive and San Pablo Avenue from the Successor Agency to the City. The land conveyance will allow the City to construct the right turn pocket. The two parcels are currently vacant land (see attached vicinity map). If the Successor Agency and City approve this land conveyance, it will be brought to the Oversight Board of the Successor Agency to the Palm Desert Redevelopment Agency for review and approval. Upon approval by the Oversight Board, the request for land conveyance will be submitted to the State Department of Finance for final approval. This final action could take at least 60 days. Staff Report Conveyance of 627-101-038 and 627-101-039 from Successor Agency to City Page 3 of 3 January 24, 2013 Fiscal Analysis There is no fiscal impact associated with this action. Prepared By: �� el Montalvo, P.E., Senior Engineer .,-�- POfartin Alvarez Dire f Economic Development Paul S. Gibson, Director of Finance Approval: 'ir M. Wohlmuth, City Manager Depart ead: Mark r enwood, ., Direct r of Public Works CITY COUNCIL A�ION APPROVED DENtED RECEIVED OTHER DA AYES:,��'�,y.�s��, i��i. ie:• i-�1Yd'.�:L/�=q NOES: �� ....,...—.--•--- AI3SENT: � ' ABSTAIN: � VCRIFIED BY: � ° Originnl on File with City C erk's Office ��___a_...� , _ �,��-��:�3.Cs. �� `�i��' �� _�� D�-;�� G�D<.� ��_�..__,�___...,.�.._r�_ ___ _. ,_ __�.___._.�_... ��,:� , :.:, . ,��/c.� .�._... �� .. .... �..� 'Y.'�"Ec�: �kd.."�,`g�3z.�.i. a't:ri . , n _ _ ... � . -_'.�3 �b',� . RESOLUTION NO. SA-RDA o�5 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY AUTHORIZING AND APPROVING THE CONVEYANCE OF CERTAIN REAL PROPERTY KNOW AS A.P.N. 627-101-038 AND A.P.N 627-101-039 TO THE CITY OF PALM DESERT 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 for 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 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. WHEREAS, 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 Board desires to execute and deliver to the City that certain Grant Deed in the form attached hereto as Attachment "A" (the "Deed") and conveying that certain real property described therein. 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. P6401-0001 \ 1501149v l .doc Section 2. The Board hereby authorizes the Chair to execute and deliver the Deed to the City, 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. PASSED, APPROVED, AND ADOPTED this 24 day of January, 2013, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Rachelle D. Klassen, Secretary Jan C. Harnick, Chairman -2- P6401-0001 \l 501 149v l .doc P6401-0001\1501149v1.doc ATTACHMENT "A" GRANT DEED -3- RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY CLERK OFFICE CITY OF PALM DESERT 73-510 Fred Waring Drive Palm Desert, California 92260 Exempt from Recording Fee Pursuant to government code 6103 APN: 627-101-038, and 627-101-039 (SPACE ABOVE THIS LINE IS FOR RECORDER'S USE) GRANT DEED THE UNDERSIGNED GRANTOR DECLARES AS FOLLOWS: This transfer is exempt from Doc.umentary Transfer Tax pursuant to Revenue & Taxation Code Section 11922, and exempt from Recording Fees pursuant to California Government Code Section 6103. FOR VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged, SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY, a public body, corporate and politic, Hereby grants to the CITY OF PALM DESERT, a municipal corporation, the following described real property in the City of Palm Desert, County of Riverside, State of California: LEGAL DESCRIPTION AND PLAT ATTACHED HERETO AS EXHIBITS "A" AND "B" RESPECTIVELY INCORPORATED HEREIN BY THIS REFERENCE. IN WITNESS WHEREOF, Grantor has executed this Grant Deed as of the date set forth below. � Dated: January 24, 2013 SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY, A public body, corporate and politic BY Jan C. Harnick, Chairman 1 2 3 4 5 6 7 8 9 ]0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 EXHIBIT "A" LEGAL DESCRIPTION RIGHT-OF-WAY APN: 627-101-038, 039 IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, BEING THAT PORTION OF LOT 1 IN PALMA VILLAGE GROVES AS PER MAP FILED IN BOOK 20, PAGE 51 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE ALONG THE NORTHERLY LINE OF SAID LOT 1 NORTH 89°51'21" EAST A DISTANCE OF 35.79 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTHERLY LINE NORTH 89°51'21" EAST A DISTANCE OF 20.05 FEET; THENCE LEAVING SAID NORTHERLY LINE SOUTH 44°31' 10" WEST A DISTANCE OF 32.95 FEET; THENCE SOUTH 03°O1'34" WEST A DISTANCE OF 196.45 FEET; THENCE SOUTH 00°04'43" EAST A DISTANCE OF 57.78 FEET; THENCE SOUTH 45°09'45" EAST A DISTANCE OF 18.41 FEET; THENCE SOUTH 00° 14'46" EAST A DISTANCE OF 8.53 FEET TO THE SOUTHERLY LINE OF SAID LOT 1; THENCE SOUTH 89°49'21" WEST A DISTANCE OF 33.38 FEET TO THE MOST EASTERLY CORNER OF THAT EASEMENT GRANTED TO THE CITY OF PALM DESERT PER INSTRUMENT NUMBER 124083, RECORDED JUNE 22, 1983; THENCE ALONG THE NORTHEASTERLY LINE OF SAID EASEMENT NORTH 45°00'27" WEST A DISTANCE OF 4.23 FEET TO THE MOST NORTHERLY CORNER THEREOF, BEING ALSO ON THE WESTERLY LINE OF SAID LOT 1; Page 1 of 2 EXHIBIT "A" LEGAL DESCRIPTION RIGHT-OF-WAY APN: 627-101-038, 039 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 THENCE ALONG SAID WESTERLY LINE NORTH 00°09'46" EAST A DISTANCE OF 153.12 FEET TO THE SOUTHWESTERLY CORNER OF PARCEL "G" OF THAT EASEMENT GRANTED TO THE CITY OF PALM DESERT PER INSTRUMENT NUMBER 124086, RECORDED JLJNE 22, 1983; THENCE LEAVING SAID WESTERLY LINE ALONG THE EASTERLY LINE OF SAID EASEMENT THE FOLLOWING FOUR COURSES; NORTH 89°51'S2" EAST A DISTANCE OF 0.47 FEET; THENCE NORTH 03°09'S2" EAST A DISTANCE OF 111.44 FEET TO THE BEGINNING OF A 32.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE A DISTANCE OF 46.22 FEET THROUGH A CENTRAL ANGLE OF 82°45'S2' ; THENCE NORTH 04°04' 16" WEST A DISTANCE OF 1.49 FEET TO THE NORTHERLY LINE OF SAID LOT 1 AND THE TRUE POINT OF BEGINNING. CONTAINING 7,705 SQUARE FEET OR 0.177 ACRE, MORE OR LESS. ALL AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. � .� � � MICHAEL JAMES KNAPTON P.L.s.8oi2 �v: izio�i2o12 � 2io�i2oi2 DATE Page 2 of 2 g�oNP� �N� sG t45 �P�c� �• KH,�.o 'QG � `�`'`G �oy �O a 'jD * * ��, No.8012 ��- 9rFOF �p��F�� EXHIBIT "8" �� za _ � � N _ � w �O Q� �� wp � �6 O °p U� � N � Nol � I W I � � I O a d a � � � �i� i _ - �- � � - T.P.O.B FRED WARING DRIVE P,o,�. � ��- � S'LY LINE NW'LY COR. C �( �SECTION 17 LOT 1 � � N � M J O o � J ^ /n ^ � V OLL,�o J � N O 0='0°� �>�� Z � � Q Q � W � I � � JI SEE DETAIL "A" � ,I /,I � W'LY LINE LOT 1 �� ¢ o � I J 25' Q I � 1 i � L9� � J � SEE DETAIL "B" � — L2 0 L3 w i � 0 0 � � "C�^M O`L'oo Q N O O � m � �>�� Q � � � � � L6 DETAIL "A" SCALE: 1" = 1' ��Q�� MOST EASTERLY CORNER INST. NO. 124083, O.R. REC. 6/22/1983 FRED WARING DRIVE L2 —�- L 13 T. P.O. B. � C1 POR.LOTI PALMA VILLAGE GROVES 0 50 � o0 20o M.B. 20/51 SCALE: 1�� —, oo� DETAI L"B" LEGEND L�L/�1//� P.O.C. T.P.O.B. (RJ SCALE: 1" = 5' INDICATES RIGHT-OF-WAY GRANTED HEREON (7, 705 SQ. FT. / 0.177 ACJ POINT OF COMMENCEMENT TRUE POINT OF BEGINNING INDICATES RADIAL BEARING ' �L8 SANTA ROSA WAY � CURVE TABLE CURVE LENGTH RADIUS DELTA C 1 46.22' 32.00' 82°45'S2" �� AND s\ � �� L v� ��P y� �� 0 J � O � ° No. F��1 � * �� o��Q- \ �F CA� �F/ LINE TABLE LINE LENGTH BEARING L 1 35.79' N89°51 '21 "E L2 20.05' N89°51 '21 "E L3 32. 95' S44 °31 ' 10"W L4 196.45' S03°Ol'34"W LS 57.78' S00°04'43"E L6 18.41' S45°09'45"E U 8.53' S00° 14'46"E L8 33.38' N89°49'21 "E L9 4.23' N45°00'27"W L 10 153.12' N00°09'46"E L 1 1 0.47' N89°51'S2"E L 12 1 1 1.44' NO3°09'S2"E L 13 1.49' N04°04' 16"W RESOLUTION NO. 2013- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT ACCEPTING THE GRANT OF RIGHT-OF-WAY ON CERTAIN REAL PROPERTY KNOW AS A.P.N. 627-101-038 AND A.P.N 627-101- 039 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 for 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 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. WHEREAS, 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 Board has executed and delivered to the City that certain Grant Deed conveying real property dated January 24, 2013, and on file with the Secretary (the "Deed"). WHEREAS, the City desires to accept the conveyance of the real property described in the Deed. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT HEREBY FINDS, DETERMINES, RESOLVES, AND ORDERS AS FOLLOWS: Section 1. of this Resolution. Section 2. Section 34167.5. The above recitals are true and correct and are a substantive part This Resolution is adopted pursuant to Health and Safety Code 12812-0001 \ 1501147v l .doc Section 3. The City Council hereby accepts the conveyance of the reaa property described in the Deed and authorizes and directs the Mayor to execute and cause to be recorded an appropriate certificate of acceptance with respect to such real property and the Deed. Section 4. The Mayor is hereby authorized and directed, jointly and severally, to do any and all things which he may deem necessary or advisable to effectuate this Resolution, and any such actions previously taken by staff are hereby ratified and confirmed. PASSED, APPROVED, AND ADOPTED this 24th day of January, 2013, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Jan C. Harnick, Mayor ATTEST: Rachelle D. Klassen, City Clerk -2- 12812-0001 \1501147v l .doc