The URL can be used to link to this page

Home My WebLink About13-165 - Resolutions RESOLUTION NO. 13-165 A RESOLUTION OF THE SUCCESSOR AGENCY TO THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY DIRECTING THE CONVEYANCE TO THE CITY OF RANCHO CUCAMONGA OF CERTAIN GOVERNMENTAL USE PROPERTY LOCATED ON THE SOUTH SIDE OF CULTURAL CENTER DRIVE AND WEST OF ARBOR LANE MORE COMMONLY KNOWN AS THE VICTORIA GARDENS CULTURAL CENTER PURSUANT TO HEALTH AND SAFETY CODE SECTION 34181(a) WHEREAS, pursuant to AB Xl 26 (which became effective at the end of June 2011), as modified by the California Supreme Court's decision in California Redevelopment Association, et al. v. Ana Matosantos, et al. (53 Cal. 4th 231(2011)), the Rancho Cucamonga Redevelopment Agency (the "Redevelopment Agency")was dissolved as of February 1,2012 and the Successor Agency to the Rancho Cucamonga Redevelopment Agency(the"Successor Agency")was constituted; and WHEREAS, AB 1484 (which became effective at the end of June 2012) amended and supplemented AB XI 26 (AB X1 26 and AB 1484, together, being referred to below as the "RDA Dissolution Act"); and WHEREAS, pursuant to the RDA Dissolution Act, all assets,properties, contracts, leases, books and records, buildings, and equipment of the former Redevelopment Agency have been transferred to the control of the Successor Agency; and WHEREAS, Health and Safety Code Section 34181(a) sets forth certain requirements for the Oversight Board of the Successor Agency (the "Oversight Board") to direct the Successor Agency to dispose of the assets and properties of the former Redevelopment Agency, but provides that the Oversight Board may direct the Successor Agency to transfer ownership of an asset that was constructed and used for a governmental purpose to the appropriate public jurisdiction; and WHEREAS, Health and Safety Code Sections 34191.3 and 34191.5 suspended the requirements of Section 34181(a) pending the preparation of a long range management plan pursuant to Section 34191.5,except for transfers of properties for governmental use;and WHEREAS, the former Redevelopment Agency acquired the Victoria Gardens Cultural Center (the"Property") in July 1999 as part of larger property transaction for the Victoria Gardens Regional Mall site; and WHEREAS, this 2.9 acre parcel was set aside and constructed as a City library, performing arts center and public meeting space; and WHEREAS, the Property has been, and continues to be used as a City library, performing arts center and public meeting space; and WHEREAS, the City has indicated that it intends to continue to use the Property as a City library, performing arts center and public meeting space; and Resolution No. 13-165 -Page 1 of 8 WHEREAS, in light of the records establishing the acquisition and use of the Property for governmental and public purposes, the Oversight Board directed the Successor Agency to transfer ownership of the Property to the City with the adoption of Oversight Board Resolution OB 13-07 on May 29, 2013; and WHEREAS, the Department of Finance approved Oversight Board Resolution OB 13-07 on September 11, 2013,directing the conveyance of the Property to the City; NOW, THEREFORE, THE SUCCESSOR AGENCY TO THE RANCHO CUCAMONGA 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. Section 2. The Successor Agency hereby authorizes and directs the conveyance of the Property to the City in accordance to this Resolution, and further authorizes the Chair (or in the Chair's absence, the Vice Chair) of the Board of Directors of the Successor Agency to execute and deliver a quitclaim deed, substantially in the form attached as Exhibit A. Section 3. The City Clerk of City shall certify to the passage and adoption of this Resolution and it shall thereupon take effect and be in force. Section 4. The City Clerk of City shall cause a certified copy of this Resolution to be recorded in the Official Records of San Bernardino County, California Resolution No. 13-165 -Page 2 of 8 PASSED,APPROVED, AND ADOPTED this 16'h day of October 2013. AYES: Alexander, Michael, Spagnolo, Steinorth, Williams NOES: None ABSENT: None ABSTAINED: None J L. ennisichael, Mayor ATTEST: J "ce C. Reynolds, City CI •k I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting of said City Council held on the 16''day of October 2013. Executed this 171h day of October 2013, at Rancho Cucamonga, California. a � J ice C. Reynolds,City C16rk Resolution No. 13-165 - Page 3 of 8 EXIMIT A FORM OF QUITCLAIM DEED RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga,California 91730 Attention: City Clerk APN: 0227-452-35-0000 [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 SUCCESSOR AGENCY TO THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY("Successor Agency"), does hereby REMISE,RELEASE AND FOREVER QUITCLAIM to the CITY OF RANCHO CUCAMONGA,a municipal corporation("City"),all of its right,title and interest in, under and to that certain real property located in the County of Rancho Cucamonga, State of California,more particularly described on Exhibit A attached hereto("Property"),and all improvements and fixtures located thereon. Resolution No. 13-165 -Page 4 of 8 IN WITNESS WHEREOF,the undersigned Successor Agency and City have executed this Quitclaim Deed as of the date set forth below. Dated: 2013 SUCCESSOR AGENCY: SUCCESSOR AGENCY TO THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY By: Name: Title: ATTEST: CITY: CITY OF RANCHO CUCAMONGA By: Name: Title: ATTEST: Resolution No. 13-165 -Page 5 of 8 STATE OF CALIFORNIA ) ss COUNTY OF RANCHO CUCAMONGA ) 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: Resolution No. 13-165 -Page 6 of 8 STATE OF CALIFORNIA ) ss COUNTY OF RANCHO CUCAMONGA ) On I 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: Resolution No. 13-165 -Page 7 of 8 EXHIBIT A Legal Description THAT CERTAIN REAL PROPERTY LOCATED IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS. PARCEL MAP 7966 PTN PARCEL NO 1 DESC AS BEG NW COR SD PARCEL MAP 7966 TH ALG N LI SD PARCEL MAP 7966 S 89 DEG 55 MIN 01 SECONDS E 698.98 FT TH LEAVING SD N LI S 00 DEG 04 MIN 59 SECONDS W 283.20 FT TO TRUE POB TH S 89 DEG 55 MIN 01 SECONDS E 17.18 FT TO BEG OF TANGENT CURVE CONCAVE SWLY HAVING RADIUS 82.50 FT TH SELY ALG SD CURVE THRU C/A 20 DEG 45 MIN 00 SECONDS ARC LENGTH 29.88 FT TO BEG OF REVERSE CURVE CONCAVE NELY HAVING RADIUS 102.50 FT TH SELY ALG SD CURVE THRU C/A 20 DEG 45 MIN 00 SECONDS ARC LENGTH 37.12 FT TH S 89 DEG 55 MIN 01 SECONDS E 146.35 FT TO BEG OF TANGENT CURVE CONCAVE NWLY HAVING RADIUS OF 146.67 FT TH NELY ALG SD CURVE THRU C/A 13 DEG 53 MIN 47 SECONDS ARC LENGTH 35.57 FT TO BEG OF REVERSE CURVE CONCAVE SELY HAVING RADIUS 263.33 FT TH NELY ALG SD CURVE THRU C/A 13 DEG 53 MIN 47 SECONDS ARC LENGTH 63.87 FT TH S 44 DEG 55 MIN 01 SECONDS E 14.14 FT TH 89 DEG 55 MIN 01 SECONDS E 64.00 FT TH N 45 DEG 04 MIN 59 SECONDS E 5.95 FT TH S 00 DEG 04 MIN 59 SECONDS W 341.29 FT TH N 89 DEG 55 MIN 01 SECONDS W 187.85 FT TO BEG NON-TANGENT CURVE CONCAVE SELY HAVING RADIUS 29.39 FT RADIAL LI SD CURVE TO SD BEG BEARS N 9 DEG 55 MIN 03 SECONDS W TH SWLY ALG SD CURVE THRU C/A 79 DEG 59 MIN 58 SECONDS ARC LENGTH 41.04 FT TH S 00 DEG 04 MIN 59 SECONDS W 4.25 FT TH N 89 DEG 55 MIN 01 SECONDS W 7.61 FT TH S 00 DEG 04 MIN 59 SECONDS W 16.50 FT TH N 89 DEG 55 MIN 01 SECONDS W 22.00 FT TH N 00 DEG 04 MIN 31 SECONDS E 16.33 FT TO BEG OF TANGENT CURVE CONCAVE SWLY HAVING RADIUS 34.00 FT TH NWLY ALG SD CURVE THRU C/A 59 DEG 49 MIN 57 SECONDS ARC LENGTH 35.51 FT TO BEG OF NON-TANGENT CURVE CONCAVE NWLY HAVING RADIUS 76.83 FT A RADIAL LI SD CURVE TO SD BEG BEARS S 38 DEG 23 MIN 33 SECONDS W TH NWLY ALG SD CURVE THRU C/A 14 DEG 1 I MIN 43 SECONDS ARC LENGTH 19.04 FT TH N 89 DEG 55 MIN 01 SECONDS W 133.20 FT TH N 00 DEG 04 MIN 59 SECONDS E 288.00 FT TH N 89 DEG 55 MIN 01 SECONDS W 1.61 FT TH N 00 DEG 04 MIN 59 SECONDS E 48.95 FT TO TRUE POB Resolution No. 13-165 -Page 8 of 8