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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 2 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 3