RES-10750 Conveyance Authorization of Certain Public Roadway PropertiesRESOLUTION NO. 10750
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE AUTHORIZING THE
ACCEPTANCE OF THE CONVEYANCE OF
CERTAIN PUBLIC ROADWAY PROPERTIES
FROM THE SUCCESSOR AGENCY TO THE
ORANGE REDEVELOPMENT AGENCY AND
TAKING CERTAIN RELATED ACTIONS.
WHEREAS, pursuant to AB X1 26 (which became effective at the end of June
2011), as substantially upheld by the California Supreme Court's decision in California
Redevelopment Association, et al. v. Ana Matosantos, et al., 53 Cal. 4th 231(2011), the
Orange Redevelopment Agency (the "Former Agency ") was dissolved as of February 1,
2012 and the Successor Agency to the Orange 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 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, pursuant to the RDA Dissolution Act, an Oversight Board (the
Oversight Board ") for the Successor Agency has been established; and
WHEREAS, pursuant to Section 34181 of the California Health and Safety Code
HSC "), the Oversight Board is required to direct the Successor Agency to take certain
actions in connection with the wind down of the affairs of the Former Agency; and
WHEREAS, HSC 34181(a), in particular, requires the Oversight Board to direct the
Successor Agency to dispose the assets and properties of the Former Agency; provided 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, HSC 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, among the assets owned by the Former Agency (and now Successor
Agency) are the following two properties:
The public roadway encompassing 0.06 acres located along a portion
of East Chapman Avenue approximately 135 feet west of Tustin Street
the "Chapman Avenue Roadway Property "); and
The public roadway encompassing 0.78 acres identified as Designer
Drive located northwesterly of The City Drive and Metropolitan Drive
the "Designer Drive Roadway Property "); and
WHEREAS, the Oversight Board adopted Resolution No. OB -0038 (the "Oversight
Board Resolution "), on July 24, 2013, directing the Successor Agency to transfer the
Chapman Avenue Roadway Property and the Designer Drive Roadway Property to the City
of Orange (the "City "), with no consideration; and
WHEREAS, pursuant to HSC Sections 34179(h) and 34181(f), the Oversight Board
Resolution only becomes effective after approval (and deemed approval) by the California
State Department of Finance (the "DOF "); and
WHEREAS, the DOF issued a letter on November 5, 2013, indicating that the DOF
has approved the Oversight Board Resolution; and
WHEREAS, the Successor Agency plans to execute a quitclaim deed (the "Quitclaim
Deed ") to effect and evidence the transfer of the Chapman Avenue Roadway Property and
the Designer Drive Roadway Property to the City;
NOW, THEREFORE, the City Council of the City of Orange does hereby find,
determine, resolve, and order as follows:
Section 1. The above recitals are true and correct and are a substantive part of
this Resolution.
Section 2. The City accepts the conveyance of the Chapman Avenue Roadway
Property and the Designer Drive Roadway Property by the Successor Agency. The Mayor
or, in the Mayor's absence, the Mayor Pro Tem) is hereby authorized and directed to
execute an appropriate certificate of acceptance with respect to the Quitclaim Deed and cause
the Quitclaim Deed, and the accompanying certificate of acceptance, to be recorded in the
Official Records of the Orange County Recorder's Office.
Section 3. The officers and staff of the City 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 and staff are
hereby ratified and confirmed.
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PASSED AND ADOPTED this 10 day of December, 2013.
Teresa . Smith, Mayor, City of Orange
ATTEST:
Mary u , City Clerk, of Orange
I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby
certify that the foregoing Resolution was duly and regularly adopted by the City Council of
the City of Orange at a regular meeting thereof held on the 10 day of December, 2013, by
the following vote:
AYES:COUNCILMEMBERS:Alvarez, Whitaker, Smith, Bilodeau
NOES:COUNCILMEMBERS:None
ABSENT:COUNCILMEMBERS:Murphy
ABSTAIN:COUNCILMEMBERS:None
Mary . urp y, City Clerk, Ci t Orange
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