RES-11125 Acceptance Of Governmental Use PropertyRESOLUTION NO.11125
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.
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 Board 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, the Oversight Board is expected to consider the adoption of a resolution
Oversight Board Resolution") directing the transfer of the Property to the City; and
WHEREAS, the Successor Agency plans to transfer the Property to the City pursuant to
HSC Section 34181(a) by execution of a quitclaim deed (the "Deed"), upon effectiveness of the
Oversight Board Resolution.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE,
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 City accepts the conveyance of the Property by the Successor Agency.
The Mayor (or, in the Mayor's absence, the Vice Mayor) is hereby authorized and directed to
execute an appropriate certificate of acceptance with respect to the Deed for the Property and cause
the 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 other Staff members of the City 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 1 lth day of December 2018.
A J e4-
Mark A. Murphy, Mayor, City of O ge
ATTEST:
P ela Coleman, City Clerk, City of Orange
I, Pamela Coleman, 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 1 lth day of December 2018, by the following vote:
AYES: COUNCILMEMBERS: Alvarez, Murphy, Nichols, Monaco
NOES: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Pamela Coleman, City Clerk, City of Orange
Resolution No. 11125 -2-
12817-0001 \2181678v l . doc