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SR - RES-SAORA-031 - TRANSFER OF PROPERTY TO THE CITY Og,�o.R' ��,��GpRPOf1qT��1�1^� .. t�. �.. �a AGENDA ITEM ��y. �-/Q� �1�:'•:�RR 8�1�'��C- `��' December 11, 2018 TO: Honorable Chairman and Directors of the Successor Agency to the Orange Redevelopment Agency THRU: Rick Otto, Executive Director FROM: Will Kolbow, Finance Director�,�l��t� REVIEW: City Manage inance �G 1. SUBJECT A Resolution of the Governing Board of the Successor Agency to the Orange Redevelopment Agency approving the transfer of a governmental use property(APN 386- 463-12) to the City of Orange and taking related actions, Resolution No. SAORA-031. 2. SUMMARY As part of the winddown efforts of the former Redevelopment Agency, the Successor Agency transferred a number of properties to the City for governmental use. One such property was the West Chapman Parking Lot, located west of the train tracks at the Orange Metrolink Transportation Center. The property consists of several parcels. Recently, staff discovered that one of the parcels was omitted as part of the transfer to the City. This Resolution will authorize the transfer of the remaining parcel from the Successor Agency to the City. 3. RECOMMENDED ACTION Approve Resolution No. SAORA-031. 4. FISCAL IMPACT None. 5. STRATEGIC PLAN GOALS Goal 2: Be a fiscally healthy community. d: Effectively manage and develop City assets. 6. DISCUSSION AND BACKGROUND In July 2013, the Oversight Board of the Successor Agency to the Orange Redevelopment Agency and, subsequently, the State Department of Finance (DOF) approved Resolution No. OB-0039. This Resolution approved the transfer of several properties related to the Orange Metrolink Transportation Center and surrounding properties that were owned by ITEM 3 •a� � 12/11/2018 the Successor Agency. One of the properties included in the transfer was the West Chapman Parking Lot, located west of and adjacent to the train tracks at the Orange Metrolink Transportation Center. The property consists of several parcels. Recently, staff discovered that one of the parcels, APN 386-463-12, was not included in the parcels transferred to the City and still remains in the name of the Orange Redevelopment Agency. The parcel consists of a small grassy park space on the southwest edge of the property, which is an appendage to the West Chapman Parking Lot. Resolution SAORA-031 will authorize the transfer of APN 386-463-12 to the City. If the Directors approve the Resolution, staff will submit the transfer for approval by the Countywide Oversight Board and, ultimately, to the DOF. 7. ATTACHMENTS • Resolution No. SAORA-031 • Quitclaim Deed • Parcel Map ITEM 2 12/11/2018 RESOLUTION NO. SAORA-031 A RESOLUTION OF THE GOVERNING BOARD OF THE SUCCESSOR AGENCY TO THE ORANGE REDEVELOPMENT AGENCY APPROVING THE TRANSFER OF A GOVERNMENTAL USE PROPERTY(APN 386-463-12)TO THE CITY OF ORANGE AND TAKING RELATED ACTIONS WHEREAS, pursuant to AB X1 26 (enacted in June 2011) and 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; the Successor Agency to the Orange Redevelopment Agency (the "Successor Agency") was constituted as the successor to the Former Agency; and an Oversight Boaxd to the Successor Agency(the "Oversight Board")was established; and WHEREAS, the Successor Agency is tasked with winding down the Former Agency's affairs; and WHEREAS, Section 34175(b) of Health and Safety Code ("HSC"), all real properties of the Former Agency transferred to the control of the Successor Agency by operation of law; and WHEREAS, HSC Section 34181(a) sets forth certain requirements for the Oversight Board to direct the Successor Agency to dispose of the Former Agency's properties, but provides that the Oversight Board may direct the Successor Agency to transfer ownership of a property that was constructed and used for a governmental purpose (including, among others, parks and public parking facilities)to the appropriate public jurisdiction; and WHEREAS, recently, it has come to the Successor Agency's attention that the Former Agency (as succeeded by the Successor Agency) remains to be the fee owner of record of a property located on West Chapman Avenue (APN 386-463-12) (the "Property"); and WHEREAS, the Property consists of a small grassy park space, which is an appendage to the parking lot of the Metrolink Station (the"West Chapman Parking Lot"); and WHEREAS, the Oversight Board adopted Resolution No. OB-0039, approving the transfer of multiple governmental use properties,including the West Chapman Parking Lot parcels ' (and the State Department of Finance, by its letter dated November 5, 2013 approved Resolution No. OB-0039);however, at that time,the Property was inadvertently left out of No. OB-0039; and WHEREAS, in furtherance of its wind-down of the Former Agency's affairs, the Successor Agency desires to transfer the Property to the City pursuant to HSC Section 34181(a); and WHEREAS, the Oversight Board is expected to consider the adoption of a resolution ("Oversight Board Resolution") directing the transfer of the Property to the City; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE, ACTING AS THE GOVERNING BOARD OF THE SUCCESSOR AGENCY TO THE 12817-0001�2181674v l.doc ORANGE 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 transfer of the Property to the City is hereby authorized and approved. Each of the Chair, the Vice Chair and the Executive Director of the Successor Agency (collectively, the "Authorized Officers," each being an "Authorized Officer"), acting individually, is hereby authorized to execute and deliver, for and in the name of the Successor Agency, a quitclaim deed (the "Deed"), substantially in the form attached as Attachment A, to effect and evidence such transfer; provided, that such execution shall occur after the Oversight Board Resolution takes effect. Section 3. The Authorized Officers and other officers and Staff inembers of the Successor Agency are hereby authorized,jointly and severally, to do all things (including but not limited to the execution of any certificates or other instruments) which they may deem necessary or proper to effectuate the purposes of the Deed and this Resolution, and any such actions previously taken are hereby ratified and confirmed. Section 4. This Resolution shall take effect immediately upon adoption. ADOPTED this day of , 2018. Mark A. Murphy Chair ATTEST: Secretary of the Successor Agency to the Orange Redevelopment Agency -2- 12817-0001�218 I 674v 1.doc I hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Orange, acting as the Governing Board of the Successor Agency to the Orange Redevelopment Agency, at a regular meeting thereof held on the_day of ,2018, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: Secretary of the Successor Agency to the Orange Redevelopment Agency 12817-0001�2181674v 1,do c ATTACHMENT A FORM OF QUITCLAIM DEED 12817-0001�2181674v l.doc RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Orange 300 E. Chapman Avenue Orange, California 92866 Attention: City Clerk APN(s): 386-463-12 [SPACE ABOVE FOR RECORDER'S USE ONLY] This transfer is exempt from Documentary Transfer Tax pursuant to Revenue & Taxation Code Section 11922, and exempt from Recording Fees pursuant to CalifoYnia Government Code Section 27383. QUITCLAIM DEED THE SUCCESSOR AGENCY TO THE ORANGE REDEVELOPMENT AGENCY does hereby REMISE, RELEASE AND FOREVER QUITCLAIM to the CITY OF ORANGE, a municipal corporation, all of the Successor Agency's right, title and interest in, under and to that certain real properties (and all improvements and fixtures located thereon) located in the County of Orange, State of California, described as: The east 56.00 feet of Lot 1, in Block C of the Spotts Villa TYact, as per map recoYded in book 3, page 45 of Miscellaneous Maps, in the office the County Recorder of Orange County, California. IN WITNESS WHEREOF, the undersigned has executed this Quitclaim Deed as of the date set forth below. Dated: , 2018 SUCCESSOR AGENCY TO THE ORANGE REDEVELOPMENT AGENCY Attest: By: Rick Otto Pamela Coleman Executive Director Agency Clerk izs i�-000i�zi s i6��i.aoo A notary public or other officer completing this ceRificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of Orange ) On , before me, , (insert name and title of the officer) 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. Signature (Seal) i2si�-000 i�zi s i6��i.ao� CERTIFICATE OF ACCEPTANCE (California Government Code Section 27281) This is to certify that the interest in real property conveyed to the City of Orange (the "City") by that certain Quitclaim Deed, dated , 2018, executed by the Successor Agency to the Orange Redevelopment Agency is hereby accepted by the undersigned officer on behalf of the City pursuant to the authority conferred by Resolution No. of the City Council of the City, adopted on , 2018, and the City consents to the recordation thereof by its duly authorized officer. Dated: , 2018 CITY OF ORANGE By: Mark A. Murphy Mayor iasi�-000i�zisi6��i.ao� A notary public or other officer completing this certificate verifies only the - identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of Orange ) On , before me, , (inseR name and title of the officer) 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. Signature (Seal) 12817-0001�2181677v 1.doc Assessor Parcel Map � "' � � �'� �oo� o �o � �O i � �, � � � �u� �n�n �n�n u� . t 1 � i a ..0 , p rr'- '.1A�'LG AVE _�� a am .0 192 l� i� r r' , �N ^ 190 � � w_ � �s��-c �� 'O 188 � 176 i ti 190 185 179 1�4 �r E • '� 177 177 i �—, �_ 169 A-D 170 4 � � �� 1 S6 � �.e�."'"_`.� � 171 � 161 t a t B 166 j; ', ; i � ' 184 �• � �6� c 158 r , � � ; � 167 � � 153 i 54 X � �� t� � 153 < — � 145 150 -- 14� i� � �i � 137 142 '� 14 139 140 1 4 1 1 4 7 � � � r _ C 12 133 � E � 129 �� 132 12� ; � � � 136 135 1 2� 127 n ; 1 2 5 ' C.� �� ° � 1 2 3 , N 1i� ., � . 107 112 ,° ^ � �o � v � � o lOO `�o M N ..�.�-.- ,: � M � (:I�APh�AN n�!E . ----- (;i�APti�AN A`�IE �o � ��., o v o �o �, �o � N �O �O ��3 t j ¢ �' '�t �' � M �O Q � �7 � � i � 2� 129 131 �� y2 130 � 125 ] 142 136 134 � �28 v; 135 13 139 �v, 135 B �aa ,ao i3s ` 141143 148 15� f 143 � � 145 l � 151 15� ��2 154 x � ' � � 1�4 L 155 1 159 164 a m ` 1b0 164 '/� 175 0 ` 163 167 176 170 � December 4, 2018 1:2,257 0 0.0175 0.035 0.07 mi orange.DBO.Parcel_Condo_polygon �ti �� !�� , 0 0.03 0.06 0.12 km Gty ofOrangeGlS CITY COUNCIL MINUTES DECEMBER 11, 2018 3. CONSENT CALENDAR(Continued) 3.17 Purchase of tires and emergency roadside assistance from Pete's Road Service, Inc. as a sole source vendor. (C2500.M.'� ACTION: Approved the purchase of tires and emergency roadside service from Pete's Road Service, Inc. located in Fullerton, California, for$60,000. 3.18 A Resolution of the City Council of the City of Orange authorizing the acceptance of a governmental use property transferred from the Successor Agency of the Orange Redevelopment Agency.Resolution No. 11125. (P2500.0) A Resolution of the City Council of the City of Orange authorizing the acceptance of a governmental use property (APN 386-463-12) transferred from the Successor Agency of the Orange Redevelopment Agency and taking related actions. ACTION: Approved Resolution No. 11125. 3.19 A Resolution of the City Council of the City of Orange amending the Citywide Salary Schedule. Resolution No. 11126. (C2500.J.4) A Resolution of the City Council of the City of Orange amending the Citywide Salary Schedule in accordance with the requirements of California Code of Regulations, Title 2, Section 570.5. ACTION: Approved Resolution No. 11126. SUCCESSOR AGENCY TO THE ORANGE REDEVELOPMENT AGENCY 3.20 A Resolution of the Governing Board of the Successor Agency to the Orange Redevelopment Agency approving the transfer of a governmental use property to the City of Orange. Resolution No. SAORA-031. (SA1000.0) A Resolution of the Governing Board of the Successor Agency to the Orange Redevelopment Agency approving the transfer of a governmental use property(APN 386- 463-12)to the City of Orange and taking related actions. ACTION: Approved Resolution No. SAORA-031. MOTION —Nichols SECOND —Monaco AYES —Alvarez, Murphy,Nichols, Monaco Mayor Murphy recorded an abstention on Item 3.16,and Councilmember Monaco recorded an abstention on Item 3.2. All other items on the Consent Calendar were approved as recommended. END OF CONSENT CALENDAR �x * � � � � * � 4. REPORTS FROM MAYOR MiTRPHY—None 5. REPORTS FROM COUNCILMEMBERS—None PAGE 7