RES-OB-0033 Time Warner Cable Utility EasementRESOLUTION NO. OB-0033
A RESOLUTION OF THE OVERSIGHT BOARD OF
THE SUCCESSOR AGENCY TO THE ORANGE
REDEVELOPMENT AGENCY DIRECTING THE
SUCCESSOR AGENCY TO THE ORANGE
REDEVELOPMENT AGENCY TO GRANT A
UTILITY EASEMENT TO TIME WARNER CABLE
ON SUCCESSOR AGENCY-0WNED PROPERTY IN
ACCORDANCE WITH CALIFORNIA HEALTH AND
SAFETY CODE SECTIONS 34181(a), 34181( AND
34191.3.
WHEREAS, Assembly Bill xl 26 ("AB 26") and AB xl 27 were passed by the State
Legislature on June 15, 2011 and signed by the Governor on June 28, 2011; and
WHEREAS, among other things, AB 26 amends Sections 33500, 33501, 33607.5
and 33607.7 of the California Health and Safety Code and adds Part 1.8 and Part 1.85 of
Division 24 to the California Health and Safety Code; and
WHEREAS, by enactment of Part 1.85 of Division 24 of the California Health and
Safety Code, subject to all reservations herein stated, the Orange Redevelopment Agency
the "Agency") was dissolved as of February 1, 2012; and
WHEREAS, California Health and Safety Code Section 34173(a) designates
successor agencies as successor entities to former redevelopment agencies; and
WHEREAS, on January 10, 2012, by Resolution No. 10625, the City of Orange
declared itself as the successor agency upon the dissolution of the Agency, subject to all
reservations stated in such resolution; and
WHEREAS, the Oversight Board of the Successor Agency to the Orange
Redevelopment Agency (the "Oversight Board") has been established to direct the Successor
Agency to the Orange Redevelopment Agency (the "Successor Agency") to take certain actions
to wind down the affairs of the Agency in accordance with the California Health and Safety
Code; and
WHEREAS, Assembly Bill 1484 ("AB 1484"), known as the Redevelopment Trailer
Bill, was passed by the State Legislature on June 27, 2012 and signed by the Governor on
June 28, 2012; and
WHEREAS, it has been requested that the Successor Agency grant a specified utility
easement (the "Utility Easement") to Time Warner Cable on Successor Agency-owned
property;
WHEREAS, California Health and Safety Code Section 34181( requires an
oversight board resolution to be approved for all actions taken pursuant to California Health
and Safety Code Section 34181(a), relating to the disposal of successor agency-owned real
property; and
WHEREAS, California Health and Safety Code Section 34191.3 suspends Section
34181(a) until the long-range property management plan has been approved, except as to
transfers for governmental use; and
WHEREAS, the Successor Agency's grant of the Utility Easement to Time Warner
Cable would be a transfer for governmental use, as the easement would burden an asset
constructed and used for a governmental purpose;
NOW, THEREFORE, the Oversight Board of the Successor Agency to the Orange
Redevelopment Agency does hereby resolve as follows:
Section 1. The Oversight Board hereby finds and determines that the foregoing
recitals are true and correct.
Section 2. All legal prerequisites to the adoption of this Resolution have
occurred.
Section 3. The Oversight Board hereby directs the Successor Agency to grant the
Utility Easement to Time Warner Cable.
Section 4. The Executive Director of the Successor Agency or his designee is
hereby authorized to take such actions as are necessary and appropriate to comply with this
resolution and/or AB 1484.
Section 5. The Clerk of the Oversight Board shall certify to the adoption of this
Resolution.
Section 6. This Resolution shall become effective in accordance with California
Health and Safety Code Section 34181(.
ADOPTED this l Oth day of April, 2013.
rolyn . av che
C irpe son o the Oversight Board to the Successor
Agency the Orange Redevelopment Agency
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ATTEST:
c r c; ,-
Mary Mu y, Clerk of the Oversight Board
I hereby certify that the foregoing Resolution was duly and regularly adopted by the
Oversight Board of the Successor Agency to the Orange Redevelopment Agency at a regular
meeting thereof held on the l Oth day of April, 2013, by the following vote:
AYES: BOARDMEMBERS: Remland, Davert, Buttress, Cavecche, Schulze, Yarbrough
NOES: BOARDMEMBERS: None
ABSENT: BOARDMEMBERS: Chri stensen
ABSTAIN: BOARDMEMBERS: None
r r
Mary Mu y
Clerk of the Oversight Board
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