Loading...
RES-OB-0038 Transfer Ownership of Certain Governmental Use PropertiesRESOLUTION NO.OB -0038 A RESOLUTION OF THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE ORANGE REDEVELOPMENT AGENCY DIRECTING THE SUCCESSOR AGENCY TO TRANSFER OWNERSHIP OF CERTAIN GOVERNMENTAL USE PROPERTIES FORMERLY OWNED BY THE ORANGE REDEVELOPMENT AGENCY TO THE CITY OF ORANGE PURSUANT TO HEALTH AND SAFETY CODE SECTION 34181(a). WHEREAS, pursuant to Assembly Bill Xl 26 (which became effective at the end of June 2011), as modified 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 "Redevelopment Agency ") was dissolved as of February 1, 2012 and the Successor Agency to the Orange Redevelopment Agency (the "Successor Agency ") was constituted; and WHEREAS, on January 10, 2012, by Resolution No. 10625, the City of Orange declared itself as the successor agency (the "Successor Agency ") upon the dissolution of the Redevelopment Agency, subject to all reservations stated in such resolution; and WHEREAS, Assembly Bill 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, the Oversight Board of the Successor Agency to the Orange Redevelopment Agency (the "Oversight Board ") has been established to direct 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, 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, Health and Safety Code Section 34181(a) sets forth certain requirements for the Oversight Board to direct the Successor Agency to dispose of the assets and properties of the former Redevelopment Agency, but provides 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 City of Orange; and WHEREAS, Health and Safety Code 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, the Successor Agency has presented to the Oversight Board information at its May 9, 2012 meeting providing a general overview of real property assets; and WHEREAS, pursuant to Health and Safety Code Section 34181(f), all actions taken by the Oversight Board pursuant to Health and Safety Code Section 34181(a) must be at a public meeting after at least ten days' notice to the public of the proposed action; and NOW, THEREFORE, the Oversight Board of the Successor Agency to the Orange Redevelopment Agency does hereby find, determine, resolve, and order 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. In accordance with Health and Safety Code Section 34181(a), the Oversight Board hereby finds that all of the property, described below for reference purposes only, was owned by the former Redevelopment Agency and was constructed and used for a governmental purpose. Such Governmental Use Properties include: The public roadway encompassing 0.06 acres located along a portion of East Chapman Avenue, approximately 135 feet west of Tustin Street; and, The public roadway encompassing 0.78 acres identified as Designer Drive located northwesterly of The City Drive and Metropolitan Drive. Section 4. There are no agreements between the Redevelopment Agency and the City of Orange governing the disposition of the Governmental Use Properties. Section 5. In accordance with Health and Safety Code Section 34181(a), the Oversight Board does hereby direct the Successor Agency to transfer to the City of Orange all of the Governmental Use Properties for no consideration. Section 6. The officers and staff of the Oversight Board and the Successor Agency 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. Section 7. The Clerk of the Oversight Board shall certify to the adoption of this Resolution. Section 8. This Resolution is duly adopted by the Oversight Board at a public meeting that was publically notice through print media and posting at least 10 days prior to the meeting. 2 ADOPTED this 24 day of July, 2013. Agency IN of t e Oversight Board to the Successor O nge edevelopment Agency ATTEST: Mary E. Mujphy 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 24 day of July, 2013, by the following vote: AYES: BOARDMEMBERS: Reml and, Christensen, Davert, Buttress, Cavecche, Schulze NOES: BOARDMEMBERS: None ABSENT: BOARDMEMBERS: Yarbrough ABSTAIN: BOARDMEMBERS: None Mary E. alurphy Clerk of the Oversight Board 3