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RES-10749 Conveyance Authorization of Certain Public Park PropertiesRESOLUTION NO. 10749 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE AUTHORIZING THE ACCEPTANCE OF THE CONVEYANCE OF CERTAIN PUBLIC PARK PROPERTIES FROM THE SUCCESSOR AGENCY TO THE ORANGE REDEVELOPMENT AGENCY AND TAKING CERTAIN RELATED ACTIONS. WHEREAS, pursuant to AB Xl 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 community gardens encompassing 0.20 acres (APN 039- 312 -01), located on the southeasterly corner of Palm Drive and Palm Avenue (the "Community Garden Property "); and The Santa Fe Depot Park and Historic Depot Building encompassing 1.57 acres (APN 039 - 170 -01) located on North Atchison between West Chapman Avenue and Maple Avenue (the "Depot Park Property "); and WHEREAS, the Oversight Board adopted Resolution No. OB -0037 (the "Oversight Board Resolution "), on July 24, 2013, directing the Successor Agency to transfer the Community Garden Property and the Depot Park 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 (or 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 Community Garden Property and the Depot Park 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 Community Garden Property and the Depot Park 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. 2 PASSED AND ADOPTED this 10 day of December, 2013. Teresa E. Smith, Mayor, City of Orange ATTEST: Mai, . Murp y, City er , 1 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 E urp y, City Clerk, Ci of Orange 3