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HomeMy WebLinkAboutRES SA 2021 23 2021 1201RESOLUTION NO. SA -2021-23 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK APPROVING A PURCHASE AND SALE AGREEMENT FOR A PROPERTY AT 500 LOS ANGELES AVENUE, MAKING FINDINGS REGARDING THE SURPLUS LAND ACT, 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 Redevelopment Agency of the City of Moorpark (the "Former Agency") was dissolved as of February 1, 2012, and the Successor Agency was established as the successor entity to the Former Agency; and WHEREAS, AB X1 26 added Part 1.8 (commencing with Section 34161) and Part 1.85 (commencing with Section 34170) to Division 24 of the Health and Safety Code ("HSC"); and such Parts 1.8 and 1.85, together with any amendments and supplements thereto enacted from time to time, are collectively referred to herein as the "Dissolution Act"; and WHEREAS, pursuant to the Dissolution Act, the Successor Agency is tasked with winding down the affairs of the Former Agency; and WHEREAS, pursuant to HSC Section 34175(b), all real properties of the Former Agency transferred to the control of the Successor Agency by operation of law; and WHEREAS, one of the properties transferred to the Successor Agency is located at 500 Los Angeles Avenue (the "Los Angeles Avenue Property"); and WHEREAS, the California Surplus Land Act (Government Code Sections 54220- 54234) generally requires the governing board of a local agency that owns land in fee simple which is not necessary for the agency's use to take formal action in a regular public meeting to declare that the land is surplus land or exempt surplus land prior to undertaking other action to dispose of the land; and WHEREAS, as amended by Assembly Bill 1486, which took effect on January 1, 2020, the Surplus Land Act defines "local agency" for purposes of the Surplus Land Act to include the Successor Agency, but Government Code Section 54234(b) also provides that with respect to land that has been designated in a long range property management plan pursuant to Health and Safety Code Section 34191.5 for sale or retained for future development, the Surplus Land Act, as it existed on December 31, 2019, without regard to the changes made to the Surplus Land Act by Assembly Bill 1486, shall apply to the disposition of the land if (i) an exclusive negotiating agreement for disposition is entered into not later than December 31, 2020, and (ii) the disposition is completed not later than December 31, 2022; and Resolution No. SA -2021-23 Page 2 WHEREAS, the Surplus Land Act, as it existed on December 31, 2019, did not apply to successor agencies; and WHEREAS, the Los Angeles Avenue Property has been under lease to Tom Lindstrom RV Sales, Inc. (the "Dealership") for use as a recreation vehicle dealership; and WHEREAS, the Successor Agency entered into an Exclusive Negotiating Agreement with respect to the disposition of the Los Angeles Avenue Property with the Lindstrom Trust, dated December 22, 2020, ("ENA"); and WHEREAS, there has been presented to this Board a Purchase and Sale Agreement (the "PSA") by and between the Lindstrom Trust and the Successor Agency for the sale of the Los Angeles Avenue Property; and WHEREAS, the Los Angeles Avenue Property is proposed to be sold to the Lindstrom Trust for the purchase price of $710,000, pursuant to a fair market appraisal. NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The above recitals are true and correct and are a substantive part of this Resolution. SECTION 2. The Board of Directors hereby finds that because the Successor Agency entered into the ENA with respect to the disposition of the Los Angeles Avenue Property prior to December 31, 2020, the disposition of the Los Angeles Avenue Property is not subject to the Surplus Land Act, provided that the disposition of the Los Angeles Avenue Property is completed not later than December 31, 2022. SECTION 3. The staff of the Successor Agency are hereby authorized to submit a copy of this Resolution to the California Department of Housing and Community Development. SECTION 4. The Purchase and Sale Agreement, in the form attached hereto as Exhibit A, is hereby approved. Each of the Chair of this Board, the Vice Chair of this Board and the Executive Director of the Successor Agency (each, an "Authorized Officer"), individually, is hereby authorized to execute and deliver, for and in the name of the Successor Agency, the Purchase and Sale Agreement in substantially such form, with changes therein as the Authorized Officer may approve (such approval to be conclusively evidenced by the execution and delivery thereof). SECTION 5.The Los Angeles Avenue Property was acquired with tax-exempt bond proceeds, and the bond covenants continue to be enforceable obligations of the Successor Agency. As such, the treatment of the proceeds related to the sale of the Los Angeles Avenue Property must be in a manner that complies with the bond covenants to preserve the tax-exempt status of the bonds in accordance with federal tax law as determined by the Successor Agency bond counsel. Resolution No. SA -2021-23 Page 3 SECTION 6. The Successor Agency has considered the staff determination that the conveyance is categorically exempt from review under the California Environmental Quality Act (CEQA) because the conveyance qualifies for a Class 1 Categorical Exemption (Existing Facilities). The Successor Agency concurs with staff, and in its independent judgment determines that the exemption applies because the property that is the subject of the conveyance is currently being used as a recreational vehicle storage and sales lot and will continue to be used for that same use in the future. No change in use is anticipated as a result of this property conveyance. In addition, there are no special circumstances that would create the potential for a significant effect on an environmental resource as a result of the transfer of title to the property. SECTION 7. The Authorized Officers and all other officers of the Successor Agency are hereby authorized, jointly and severally, to execute and deliver any and all necessary documents and instruments and to do all things which they may deem necessary or proper to effectuate the purposes of this Resolution and the Purchase and Sale Agreement. PASSED AND ADOPTED this 1st day of December, 2021. Janice S. Parvin, Chair ATTEST: Ky S{Z,a gler, Se tary Attachment: Exhibit A — Purchase and Sale Agreement Resolution No. SA -2021-23 Page 4 EXHIBIT A PURCHASE AND SALE AGREEMENT between Thomas H. Lindstrom and Sarah K. Lindstrom, Revocable Trust, and the Successor Agency of the Redevelopment Agency of the City of Moorpark (substantial final form) (see attached) Resolution No. SA -2021-23 EXHIBIT A Page 5 AGREEMENT FOR PURCHASE AND SALE AND ESCROW INSTRUCTIONS THIS AGREEMENT FOR PURCHASE AND SALE AND ESCROW INSTRUCTIONS (this "Agreement") is dated as of 2021, and is entered into by and between the SUCCESSOR AGENCY TO THE MOORPARK REDEVELOPMENT AGENCY ("Seller"), and THOMAS H. LINDSTROM and SARAH K. LINDSTROM, as trustees of THE THOMAS H. LINDSTROM AND SARAH K. LINDSTROM REVOCABLE TRUST (collectively, "Buyer"). Upon execution of this Agreement by Buyer, Buyer shall promptly deliver a copy of this executed Agreement to Seller. RECITALS A. Seller is the owner of the land described on Exhibit "A" and the improvements (if any) thereon (collectively, the "Property"). B. Buyer desires to purchase the Property from Seller and Seller desires to sell the Property to Buyer. C. The Property is a former commercial asset of the former Redevelopment Agency of the City of Moorpark, and consequently, disposition of the Property is subject to the approval of the Oversight Board for the Seller (and if applicable, approval of such Oversight Board decision by the California Department of Finance). D. The Property was acquired by the former Redevelopment Agency with proceeds of bonds which necessitate that the Property be sold at its fair market value, and the Seller has obtained an appraisal update ("Appraisal Update") dated September 15, 2021, which establishes such fair market value as the purchase price hereinafter described. - NOW, THEREFORE, in consideration of the Independent Consideration set forth in Section 1.2.2 below, and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Buyer and Seller hereby agree as follows: 1. CONDITION PRECEDENT; AGREEMENT TO PURCHASE AND SELL; PURCHASE PRICE. 1.1 Condition Precedent. The closing of the purchase and sale is conditioned upon the approval of this Agreement by the Ventura County Consolidated Oversight Board ("Oversight Board") after public hearing thereon as required by applicable law. Upon the execution of this Agreement by the Buyer, the Seller shall submit this Agreement for approval by the Successor Agency Board and then the Oversight Board, and shall promptly notify Buyer in writing of approval or disapproval by the Oversight Board. The foregoing condition may not be waived. -1- 12856-0001\2537944vLdoc Resolution No. SA -2021-23 Page 6 1.2 Agreement to Sell and Purchase. Seller agrees to sell the Property to Buyer and Buyer agrees to purchase the Property upon the terms and conditions set forth herein. 1.3 Purchase Price. The purchase price ("Purchase Price") for the Property shall be seven hundred ten thousand dollars ($710,000). 1.4 De osit. Notwithstanding anything in this Agreement to the contrary, upon execution of this Agreement by Buyer, a twenty one thousand three hundred dollars ($21,300.00) (3% of purchase price) deposit shall be delivered by Buyer to Escrow Agent (Shirley Franks, Escrow Officer, Lawyers Title). The Deposit shall be applicable towards the Purchase Price. 2. TITLE. 2.1 General. Title to the Property shall be conveyed by a grant deed in the form attached hereto as Exhibit "B" and shall be evidenced by a CLTA Standard Coverage Form of Owner's Policy of Title Insurance (or an ALTA Extended Coverage Form Policy, if Buyer elects such coverage as provided in Section 2.3 hereof) ("Title Policy"), and the cost of the Title Policy and any additional ALTA coverage shall be borne by Buyer as described in Section 4.9 below. The Title Policy shall be issued by Commonwealth Land Title Insurance Company (Sara Soudani) ("Title Company"), with liability in the full amount of the Purchase Price, insuring title to the Property as vested in Buyer, free and clear of all liens and encumbrances and other matters affecting title to the Property, except title exceptions which Buyer has approved in writing (which shall constitute "Approved Title Exceptions"). Real property taxes and assessments shall be prorated as of the Close of Escrow. 2.2 Acts After Date of Agreement. During the period from the date of this Agreement through the Close of Escrow, Seller shall not record or permit to be recorded any document or instrument relating to the Property or physically alter the Property or permit or cause to be altered without the prior written consent of the Buyer, which consent may be withheld in Buyer's sole and absolute discretion. 3. "AS IS" SALE. Buyer acknowledges that Seller is making no representations or warranties about the Property, express or implied, and upon the Close of Escrow, Buyer shall take title to the Property in its then current "AS IS" condition. Seller shall disclose known material facts and defects affecting the property, and make any and all other disclosures required by law. 4. ESCROW. 4.1 Agreement to Constitute Escrow Instructions. This Agreement shall constitute escrow instructions and a copy hereof shall be deposited with the Escrow Holder for that purpose. 4.2 Escrow Holder. The escrow shall be opened with Lawyers Title Company, Shirley Franks (Escrow Officer), 2751 Park View Court, Suite 241, Oxnard, CA -2- 12856-0001\2537944vI.doc Resolution No. SA -2021-23 Page 7 93036 (Escrow Order No. 09197983) (referred to herein as "Escrow Holder" in its capacity as escrow holder), within five (5) business days after the execution of this Agreement by Buyer and Seller depositing an executed copy or executed counterparts of this Agreement with Escrow Holder. This document shall be considered as the escrow instructions between the parties, with such further consistent instructions as Escrow Holder requires in order to clarify the duties and responsibilities of Escrow Holder. 4.3 Close of Escrow. For the purposes of this Agreement, "Close of Escrow" shall be the date on which a grant deed for the Property in favor of Buyer is recorded in the Official Records of the Ventura County Recorder's Office. Provided all of Seller's and Buyer's obligations to be performed on or before Close of Escrow have been performed (or waived) and all the conditions to the Close of Escrow set forth in this Agreement have been satisfied (or waived), escrow shall close fifteen (15) days after the last condition to close has been satisfied but in no event shall the closing occur after December 31, 2021. All risk of loss or damage with respect to the Property shall pass from Seller to Buyer at the Close of Escrow. Possession of the Property shall be delivered to Buyer upon the Close of Escrow. 4.4 Seller Required to Deliver. Before the Close of Escrow, Seller shall deposit into escrow the following: 4.4.1 A grant deed conveying the Property to Buyer, in the form attached hereto as Exhibit "B", duly executed by Seller and acknowledged (the "Grant Deed"); 4.4.2 If required by Escrow Holder, A California 593 certificate and federal non -foreign affidavit (with respect to Seller); 4.4.3 Any other documents reasonably required by Escrow Holder or the Title Company to be deposited by Buyer to caf-ry out this escrow. 4.5 Buyer Required to Deliver. On or before the Close of Escrow, Buyer shall deposit into escrow the following (properly executed and acknowledged, if applicable): 4.5.1 The Purchase Price; and 4.5.2 Any other documents reasonably required by Escrow Holder to be deposited by Buyer to carry out this escrow. 4.6 Conditions to the Close of Escrow. Escrow shall not close unless and until both parties have deposited with Escrow Holder all sums and documents required to be deposited as provided in this Agreement. Additionally, Buyer's obligation to proceed with the transaction contemplated by this Agreement is subject to the satisfaction or waiver of all of the following conditions precedent: 4.6.1 Seller shall have performed all agreements to be performed by Seller hereunder. -3- 12856-0001 \2537944v l .doc Resolution No. SA -2021-23 Page 8 4.6.2 Title Company shall have issued or shall have committed to issue the Title Policy to Buyer, for the amount of the Purchase Price, showing fee title to the Property to be vested in Buyer subject only to the Approved Title Exceptions. If any of the conditions to Close of Escrow are not timely satisfied for a reason other than a default of Buyer or Seller under this Agreement, and this Agreement is terminated, then upon termination of this Agreement, Escrow Holder shall promptly return to Buyer all funds (and all interest accrued thereon) and documents deposited by Buyer in escrow and to return to Seller all funds and documents deposited by Seller in escrow and which are held by Escrow Holder on the date of the termination (less, in the case of the party otherwise entitled to such funds, however, the amount of any cancellation charges required to be paid by such party under Section 4.11 below). 4.7 Recordation of Grant Deed; Delivery of Funds and Possession. Upon receipt of the funds and instruments described in this Section 4, Escrow Holder shall cause the Grant Deed to be recorded in the office of the County Recorder of Ventura County, California. Thereafter, Escrow Holder shall deliver the proceeds of this escrow (less appropriate charges) to Seller, and Seller shall deliver possession of the Property to Buyer free and clear of all occupants. 4.8 Prorations. All property taxes and assessments shall be prorated between Buyer and Seller as of the Close of Escrow based on the latest available tax information. All prorations shall be determined on the basis of a 360 -day year. 4.9 Costs of Escrow. Seller shall pay the premium for the Title Policy (including the cost of extended coverage and the cost of any survey obtained by Seller in connection with such extended coverage), as well as half (50%) of escrow fees, recording costs (if any), transfer taxes and any other closing costs or charges not expressly provided for herein. 4.10 Brokers. Seller has engaged Kosmont Real Estate Services, and Buyer has engaged John W. Newton Associates, Inc. as brokers in connection with this transaction. Seller shall pay commissions that may be due to Kosmont Real Estate Services pursuant to a separate written agreement (if any exists, such that a commission is legally owed) with Kosmont Real Estate Services. Kosmont Real Estate Services has agreed to share such commission 50-50 with Buyer's broker. Buyer and Seller represent to one another that no other broker or finder has been engaged by it in connection with the transaction contemplated by this Agreement, or to its knowledge is in any way connected with such transaction, and each party covenants and agrees that any other broker fee or commission, which may be due or payable in connection with the closing of the transaction contemplated by this Agreement through its dealings with that party, shall be borne solely by that party. Each party agrees to defend, indemnify and hold harmless the other party and its respective employees, agents, representatives, council members, attorneys, successors and assigns, from and against all claims of any agent, broker, finder or other similar party arising from or in connection with its activities relating to the sale of the Property to Buyer. -4- 12856-000 4- 12856-000 1\2537944v I .doe Resolution No. SA -2021-23 Page 9 4.11 Escrow Cancellation Charges. In the event that this escrow shall fail to close by reason of the default of either party hereunder, the defaulting party shall be liable for all escrow and title cancellation charges. In the event that the escrow shall fail to close for any other reason, each party shall pay one-half (1/2) of all escrow and title cancellation charges. 5. ATTORNEYS' FEES. In any action between Buyer and Seller seeking enforcement of any of the terms and provisions of this Agreement, the prevailing party in such action shall be awarded, in addition to damages, injunctive or other relief, its reasonable costs and expenses, not limited to taxable costs, reasonable attorneys' fees and reasonable fees of expert witnesses. 6. NOTICES. All notices, requests, demands and other communication given or required to be given hereunder shall be in writing and sent by first class United States registered or certified mail, postage prepaid, return receipt requested, or sent by a nationally recognized courier service such as Federal Express, duly addressed to the parties as follows: To Buyer: Tom and Sarah Lindstrom 500 Los Angeles Avenue Moorpark CA 93021 To Seller: Successor Agency/City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 Attention: Executive Director/City Manager Delivery of any notice or other communication hereunder shall be deemed made on the date indicated in the return receipt or courier's records as the date of delivery or as the date of first attempted delivery, if sent by mail or courier service. Any party -may change its address for purposes of this Section by giving notice to the other party as herein provided. 7. ASSIGNMENT. Neither this Agreement nor any interest herein may be assigned by either party without the prior written consent of the other party. 8. ENTIRE AGREEMENT. This Agreement contains all of the agreements of the parties hereto with respect to the matters contained herein, and all prior or contemporaneous agreements or understandings, oral or written, pertaining to any such matters are merged herein and shall not be effective for any purpose. No provision of this Agreement may be amended, supplemented or in any way modified except by an agreement in writing signed by the parties hereto ortheir respective successors in interest and expressly stating that it is an amendment of this Agreement. 9. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which shall constitute one and the same instrument. -5- 12856-0001\2537944v I. doe Resolution No. SA -2021-23 Page 10 10. EMAIL DELIVERY. This executed Agreement (and executed counterparts of this Agreement), may be delivered by email to jsandifer@moorparkca.gov for Seller and to Tom LindstromRv(a�gmail. corn and NewtoncnsltCaD-msn.com for Buyer. 11. TIME OF THE ESSENCE. Time is of the essence of this Agreement. 12. THIRD PARTIES. Nothing contained in this Agreement, expressed or implied, is intended to confer upon any person, other than the parties hereto and their successors and assigns, any rights or remedies under or by reason of this Agreement. 13. SEVERABILITY. If any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein, unless such invalidity, illegality or unenforceability materially affects the economic terms of the transactions contemplated by this Agreement or the ability of either party to perform its obligations under this Agreement. In such case, either party may terminate this Agreement and the escrow upon written notice to the other party given no later than ten (10) business days after the party giving such notice becomes aware of such invalidity, illegality or unenforceability. In the event of such termination, all funds deposited with Escrow Holder by Buyer and any interest accrued thereon shall be returned to Buyer. 14. ADDITIONAL DOCUMENTS. Each party hereto agrees to perform any further acts and to execute, acknowledge and deliver any further documents that may be reasonably necessary to carry out the provisions of this Agreement. 15. AUTHORITY OF EXECUTIVE DIRECTOR/CITY MANAGER. The Executive Director/City Manager of Seller may give any and all notices, consents and terminations hereunder on behalf of Seller provided they are in writing. 16. DUE AUTHORIZATION/EXECUTION. Upon execution hereof, each party shall promptly provide to the other party reasonable evidence of its due authorization of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. 12856-0001 \2537944v I .doc 1.1 BUYER: Thomas H. Lindstrom, Trustee of The Thomas H. Lindstrom and Sarah K. Lindstrom Revocable Trust Resolution No. SA -2021-23 Page 11 I Al �� A'� - "Iq , -, )'a rah K. Lindstrom, Trustee & The Thomas H. Lindstrom and Sarah K. IC/oi Lindstrom Revocable Trust SELLER: SUCCESSOR AGENCY TO THE MOORPARK REDEVELOPMENT AGENCY By: Troy Brown Executive Director Attest: Ky Spangler, City Clerk/Secretary APPROVED AS TO FORM: Kevin G. Ennis, Successor Agency Counsel -7- 12856-0001 \2537944v I.doc Resolution No. SA -2021-23 Page 12 EXHIBIT "A" LEGAL DESCRIPTION OF THE LAND Exhibit "A" Page 1 of 1 12856-0001\2537944v].doe Resolution No. SA-2021-23 Page 13 EXHIBIT A DESCRIPTION THAT PORTION OF LOT 45 AS PER MAP ENTITLED "MAP OF FREMONT, A SUBDIVISION OF LOT 'L' OF THE RANCHO SIMI, VENTURA CO., CAL." RECORDED IN BOOK 3, PAGE 39 OF MAPS AND A PART OF LOT "L" AS PER MAP ENTITLED "MAP OF A PART OF TRACT 'L' OF THE RANCHO SIMI, VENTURA COUNTY, CALIFORNIA", RECORDED IN BOOK 5, PAGE 5, OF MAPS, TOGETHER AS A WHOLE, AS ACQUIRED BY THE STATE OF CALIFORNIA IN DEED (STATE PARCEL NO. 2) RECORDED JULY 18, 1942 IN BOOK 660, PAGE 24 OF OFFICIAL RECORDS, ALL IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE CENTERLINE OF LOS ANGELES AVENUE, 60 FEET WIDE, DISTANT THEREON 225.00 FEET EASTERLY FROM THE INTERSECTION THEREOF WITH THE NORTHERLY PROLONGATION OF THE WESTERLY LINE OF SAID LOT 45; THENCE EASTERLY ALONG SAID CENTERLINE, A DISTANCE OF 210.00 FEET; THENCE SOUTHERLY AT RIGHT ANGLES TO SAID CENTERLINE, A DISTANCE OF 441.00 FEET; THENCE WESTERLY AT RIGHT ANGLES TO LAST DESCRIBED COURSE, A DISTANCE OF 210.00 FEET; THENCE NORTHERLY AT RIGHT ANGLES TO LAST DESCRIBED COURSE, A DISTANCE OF 441.00 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPT THE NORTHERLY 59.00 FEET OF THE ABOVE DESCRIBED PARCEL. SAID PARCEL BEING A PORTION OF THE LAND DESCRIBED BY THE STATE OF CALIFORNIA DIRECTOR'S DEED TO THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK RECORDED AS INSTRUMENT NO. 20090416-00059668 OF THE OFFICIAL RECORDS OF VENTURA COUNTY, CALIFORNIA. ALL AS SHOWN ON EXHIBIT 'B' AND BY REFERENCE HEREIN, MADE A PART. SNP` L,gNO C9 Z- a N o. 6 3 8 5 s9T� OF CAS DATED: 11/23/2021 JOB N0: 21-5613 Resolution No. SA -2021-23 Page 14 EXHIBIT Y SKETCH OF DESCRIPTION TOTAL AREA = 80,220 SQ. FT / INTERSECTION OF CENTERLINE AND NORTHERLY PROLONGATION N.W. COR. LOT "L" OF WEST LINE OF LOT 45 m LO N900E 225.00' 210.00' SCALE: 1" = 120' ORIGINAL R/W LINE LINE / - N m O � — — — — — `— - LOS ANGELES AVENUE - CENTERLINE _o II 09 59.00' LO I N nionop: UNIDOS AVENUE d04 4� MAP OF FREMONT A SUBDIVISION OF LOT "L" OF THE RANCHO SIM1, VENTURA COUNTY, CALIFORNIA M.R. BOOK 3, PAGE 39 K/W LINt i I PARCEL 1 II , I i i-------20PM05-----�---- o I o I I I LOT "L" OF THE PARCEL 2 OF A PART OF LOT "L" OF THE ;IM1, VENTURA COUNTY, CALIFORNIA M.R. BOOK 5, PAGE 5 I r-- ----------------------- I I I i I I F�0v 46 u L6 7 i LEGEND: NORTH LINE LOT 45 ' ' pOf LANo j >- 33RS65 /W --- — CENTERLINE M.R. MISCELLANEOUS RECORDS pp�' --------- PROPERTY LINE APN LQ Q i APN� 5U6 0 Ov�Orb$ I� 7T ----------- ------_ r-- N 1OPM09 RECORD OF SURVEY 9TF O.R. OFFICIAL RECORDS PARCEL A PARCEL B I / 41, ------------------------- LINE I IWEST OF LOT 45 - UNIDOS AVENUE d04 4� MAP OF FREMONT A SUBDIVISION OF LOT "L" OF THE RANCHO SIM1, VENTURA COUNTY, CALIFORNIA M.R. BOOK 3, PAGE 39 K/W LINt i I PARCEL 1 II , I i i-------20PM05-----�---- o I o I I I LOT "L" OF THE PARCEL 2 OF A PART OF LOT "L" OF THE ;IM1, VENTURA COUNTY, CALIFORNIA M.R. BOOK 5, PAGE 5 I r-- ----------------------- I I I i I I F�0v 46 u L6 7 i LEGEND: LANo BOUNDARY LINE R/W RIGHT-OF-WAY o�P` r��\ D. NFA ' --- — CENTERLINE M.R. MISCELLANEOUS RECORDS pp�' --------- PROPERTY LINE APN ASSESSOR'S PARCEL NUMBER o N o. R/W LINE PM PARCEL MAP 6 3 8 5 Q- RS RECORD OF SURVEY 9TF O.R. OFFICIAL RECORDS OF (AL\FO��� DATED: 11/23/2021 LJOB NO.:21-5613 Resolution No. SA -2021-23 Page 15 EXHIBIT "B" FORM OF GRANT DEED (Attached.) Exhibit "B" Page 1 of 6 12856-0001 \2537944v I .doc Resolution No. SA -2021-23 Page 16 RECORDING REQUESTED BY, AND WHEN RECORDED RETURN TO (AND SEND TAX AND ASSESSMENT STATEMENTS TO): Tom and Sarah Lindstrom 500 Los Angeles Avenue Moorpark CA 93021 APN: 506-0-050-080 [SPACE ABOVE FOR RECORDER'S USE ONLY] GRANT DEED THE UNDERSIGNED GRANTOR DECLARES AS FOLLOWS: The undersigned declares that this Grant Deed is exempt from Recording Fees pursuant to California Government Code Section 27383. Documentary Transfer Tax is $ (to be inserted by escrow) FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the [SUCCESSOR AGENCY TO THE MOORPARK REDEVELOPMENT AGENCY] ("Grantor") hereby grants to [THOMAS H. LINDSTROM and SARAH K. LINDSTROM, as trustees of THE THOMAS H. LINDSTROM AND SARAH K. LINDSTROM REVOCABLE TRUST ("Grantee"), the land located in the City of Moorpark, County of Ventura, State of California, more particularly described on Exhibit A attached hereto and incorporated herein by reference and all improvements thereon (collectively, the "Property"), subject to all matters of record and all matters visible upon diligent inspection. Grantee agrees, for itself, its successors and assigns, to refrain from restricting the rental, sale or lease of the Property on any basis listed in subdivision (a) or (d) of Section 12955 of the California Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the California Government Code, rental, sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property, nor shall the Grantee or any such person claiming under or through him establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees of the Property. The foregoing covenants shall run with the Property. All deeds, leases or contracts entered into by Grantee, its successors and assigns, or any successor -in -interest to all or any portion of or interest in the Property shall contain or be subject to substantially the following nondiscrimination or non -segregation clauses - 1 . lauses: 1. In deeds: "The grantee herein covenants by and for and all persons claiming under or through them, that there shall be no discrimination against or segregation Exhibit "B" Page 2 of 6 12856-0001\2537944v1.doc Resolution No. SA -2021-23 Page 17 of, any person or group or persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the California Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the California Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property herein conveyed, nor shall the grantee himself, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the Property herein conveyed. The foregoing covenants shall run with the Property. Notwithstanding the immediately preceding paragraph, with respect to familial status, said paragraph shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the California Government Code. With respect to familial status, nothing in said paragraph shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the California Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the California Civil Code and subdivisions (n), (o) and (p) of Section 12955 of the California Government Code shall apply to said paragraph." 2. In leases: "The lessee herein covenants by and for himself, his heirs, executors, administrators and assigns, and all persons claiming under or through him, and that this lease is made and accepted upon and subject to the following conditions: That there shall be no discrimination against or segregation of, any person or group or persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the California Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 129552 of the California Government Code, in the leasing, subleasing, transferring, use, or enjoyment of the Property herein leased nor shall the lessee himself, or any person claiming under or through him, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the Property herein leased. Notwithstanding the immediately preceding paragraph, with respect to familial status, said paragraph shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the California Government Code. With respect to familial status, nothing in said paragraph shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the California Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the California Civil Code and subdivisions (n), (o) and (p) of Section 12955 of the California Government Code shall apply to said paragraph." (a) 3. In contracts: "There shall be no discrimination against or segregation of, any person or group or persons on account of any basis listed in subdivision or (d) of Exhibit "B" Page 3 of 6 12956-000112537944v1.doc Resolution No. SA -2021-23 Page 18 Section 12955 of the California Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the California Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property, nor shall the transferee himself or any person claiming under or through him, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the Property. Notwithstanding the immediately preceding paragraph, with respect to familial status, said paragraph shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the California Government Code. With respect to familial status, nothing in said paragraph shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the California Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the California Civil Code and subdivisions (n), (o) and (p) of Section 12955 of the California Government Code shall apply to said paragraph." IN WITNESS WHEREOF, Grantor has executed this Grant Deed as of the date set forth below. Dated: 12021 GRANTOR: SUCCESSOR AGENCY TO THE MOORPARK REDEVELOPMENT AGENCY By: Print Name: Title: Exhibit `B" Page 4 of 6 12856-0001\2537944v I.doc Resolution No. SA -2021-23 Page 19 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 the document. STATE OF CALIFORNIA COUNTY OF On 20 before me, 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: Exhibit "B" Page 5 of 6 12856-0001\2537944v 1.doc (affix seal in above space) Resolution No. SA -2021-23 Page 20 Exhibit A to Grant Deed Exhibit "B" Page 6 of 6 12856-000 1\2537944v I.doc Resolution No. SA -2021-23 Page 21 EXHIBIT A DESCRIPTION THAT PORTION OF LOT 45 AS PER MAP ENTITLED "MAP OF FREMONT, A SUBDIVISION OF LOT 'L' OF THE RANCHO SIMI, VENTURA CO., CAL." RECORDED IN BOOK 3, PAGE 39 OF MAPS AND A PART OF LOT "L" AS PER MAP ENTITLED "MAP OF A PART OF TRACT 'L' OF THE RANCHO SIMI, VENTURA COUNTY, CALIFORNIA", RECORDED IN BOOK 5, PAGE 5, OF MAPS, TOGETHER AS A WHOLE, AS ACQUIRED BY THE STATE OF CALIFORNIA IN DEED (STATE PARCEL NO. 2) RECORDED JULY 18, 1942 IN BOOK 660, PAGE 24 OF OFFICIAL RECORDS, ALL IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE CENTERLINE OF LOS ANGELES AVENUE, 60 FEET WIDE, DISTANT THEREON 225.00 FEET EASTERLY FROM THE INTERSECTION THEREOF WITH THE NORTHERLY PROLONGATION OF THE WESTERLY LINE OF SAID LOT 45; THENCE EASTERLY ALONG SAID CENTERLINE, A DISTANCE OF 210.00 FEET; THENCE SOUTHERLY AT RIGHT ANGLES TO SAID CENTERLINE, A DISTANCE OF 441.00 FEET; THENCE WESTERLY AT RIGHT ANGLES TO LAST DESCRIBED COURSE, A DISTANCE OF 210.00 FEET; THENCE NORTHERLY AT RIGHT ANGLES TO LAST DESCRIBED COURSE, A DISTANCE OF 441.00 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPT THE NORTHERLY 59.00 FEET OF THE ABOVE DESCRIBED PARCEL. SAID PARCEL BEING A PORTION OF THE LAND DESCRIBED BY THE STATE OF CALIFORNIA DIRECTOR'S DEED TO THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK RECORDED AS INSTRUMENT NO. 20090416-00059668 OF THE OFFICIAL RECORDS OF VENTURA COUNTY, CALIFORNIA. ALL AS SHOWN ON EXHIBIT'B' AND BY REFERENCE HEREIN, MADE A PART. OSP` L ANO 4,- ��\5 D,, II�IIF__<s G�Z- � ZA NN o. 6 3 8 5 OF DATED: 11/23/2021 JOB NO.:21-5613 Resolution No. SA -2021-23 e 22 EXHIBIT Y SKETCH OF DESCRIPTION TOTAL AREA = 80,220 SQ. FT SCALE: 1" = 120' INTERSECTION OF CENTERLINE ORIGINAL AND NORTHERLY PROLONGATION N.W. COR. LOT "L" R/W LINE OF WEST LINE OF LOT 45 WW LIW b� N Lo -� N900E 225.00' 210.00 CENTERLINE ------ LOS ---- ----LOSANGELES AVENUE_ ----- 1 I � I I (h _ . .... 59.00' Ln' 90°E R/W LINE NORTH LINE OF LOT 45 PARCEL 1 I 33RS65 jai j I -----20PM05-----1---- 'A - APN 506 0 OSQ=0�0 %N o LOT "L" OF THE ' PARCEL 2 ' 1OPM09/MAP OF A PART OF LOT "L" OF THE ;;'RANCHO-SIMI, VENTURA COUNTY, CALIFORNIA PARCEL A ; PARCEL B M.R. BOOK 5 PAGE 5 I WEST LINE OF LOT 45— ''21o,6b,':; , - - I UNIDOS AVENUE L04 Ifm 1 rgo w 166 I [L04 4w I MAP OF FREMONT I A SUBDIVISION OF LOT "L" OF THE RANCHO SIMI, VENTURA COUNTY, CALIFORNIA M.R. BOOK 3, PAGE 39 LEGEND: LA/Vo BOUNDARY LINED R/W RIGHT-OF-WAY 0:�4�,L S �� ��S NFA G� — — — CENTERLINE`rO L M.R. MISCELLANEOUS RECORDS U �y --------- PROPERTY LINE APN ASSESSOR'S PARCEL NUMBER O� � N a 0 R/W LINE PM PARCEL MAP 6 3 8 5 �� RS RECORD OF SURVEY 9TF O.R. OFFICIAL RECORDS OF C.AX- DATED: 11/23/2021 JOB NO.:21-561.1 Resolution No. SA -2021-23 Page 21 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Ky Spangler, Secretary of the Successor Agency of the Redevelopment Agency of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. SA -2021-23 was adopted by the Successor Agency of the Redevelopment Agency of the City of Moorpark at a regular meeting held on the 1st day of December, 2021, and that the same was adopted by the following vote: AYES: Agency Members Castro, Enegren, Groff, Pollock, and Chair Parvin NOES: None ABSENT: None ABSTAIN: None 2021. WITNESS my hand and the official seal of said City this 1st day of December, Ky Span r, Age Secretary (seal)