HomeMy WebLinkAbout13-166 - Resolutions RESOLUTION No. 13-166
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 AT THE NORTHEAST
CORNER OF CIVIC CENTER DRIVE AND THE LAW AND JUSTICE ACCESS
ROAD MORE COMMONLY KNOWN AS THE CIVIC CENTER EMPLOYEE
PARKING LOT PURSUANT TO HEALTH AND SAFETY CODE SECTION
34181(a)
WHEREAS, pursuant to AB X1 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 X1 26 (AB Xl 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 Civic Center employee parking lot
(the"Property") in March 1993 for the purpose of expanding the Civic Center; and
WHEREAS, the Property has been, and continues, to be used as a Civic Center employee
parking lot; and
WHEREAS, the City has indicated that it intends to continue to use the Property as a Civic
Center employee parking lot; and
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 13-06 on May 29,
2013; and
Resolution No. 13-166 -Page 1 of 8
WHEREAS, the Department of Financed approved Oversight Board Resolution OB 13-06 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. 13-166-Page 2 of 8
PASSED,APPROVED,AND ADOPTED this 16`b day of October 2013.
AYES: Alexander, Michael, Spagnolo, Steinorth, Williams
NOES: None
ABSENT: None
ABSTAINED: None
L. e6 ichael, Nrayor
ATTEST:
a.c ce, . A,lLedj
'ice
/ C. Reynolds, City Clerk
V
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`h day of October 2013.
Executed this 17`s day of October 2013, at Rancho Cucamonga,California.
J yce C. Reynolds, City C rk
Resolution No. 13-166-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: 0208-353-09-0000 [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. 13-166 - 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
Ey:
Name:
Title:
ATTEST:
Resolution No. 13-166- Page 5 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. 13-166- Page 6 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. 13-166-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 NO 6725 PIN PARCEL NO 2 DESC AS BEG AT A PT ON MOST SLY COR
SD PAR SD PT BEING ON NELY R/W LI CIVIC CENTER DR 88 FT WIDE TH N 32 DEG
52 MIN 05 SECONDS W ALG SD NELY R/W LI 217.73 FT TO BEG TANGENT CURVE
CONCAVE SW HAVING A RADIUS OF 444 FT TH NWLY ALG SD CURVE AND SD
R/W LI THRU AN CENTRAL ANGLE OF 11 DEG 43 MIN 19 SECONDS AN ARC
DISTANCE 90.84 FT TO AN ANGLE PT A RADIAL LI TO SD PT BEARS N 45 DEG 24
MIN 36 SECONDS E TH N 45 DEG 24 MIN 36 SECONDS E ALG PROLONGATION OF
SD RADIAL LI 34.86 FT TO BEG TANGENT CURVE CONCAVE NW HAVING A
RADIUS OF 94.50 FT TH NELY AND NLY ALG SD CURVE THRU AN CENTRAL
ANGLE OF 45 DEG 35 MIN AN ARC DISTANCE 75.18 FT TH TANGENT TO SD CURVE
N 00 DEG 10 MIN 24 SECONDS W 58.86 FT TH ALG NLY LI OF A PARCEL DEEDED
TO THE CITY OF RANCHO CUCAMONGA RECORDED MAY 3, 1982#82-086526 N 89
DEG 49 MIN 36 SECONDS E 489.81 FT TO A PT ON SELY LI SD PAR SD PT BEARS S
42 DEG 10 MIN W ALG SD SELY LI 330.14 FT FROM INTERSECTION WITH SWLY
R/W LI ADLER AVE 88 FT WIDE TH S 42 DEG 10 MIN W ALG SD SELY LI SD PAR
547.79 FT TO POB
Resolution No. 13-166-Page 8 of 8