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Home My WebLink AboutRES SA 2013 03 2013 0403 RESOLUTION NO. SA-2013-3 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING AND AUTHORIZING THE ACCEPTANCE OF CONVEYANCE OF CERTAIN PROPERTIES FROM THE CITY OF MOORPARK WHEREAS, on July 6, 2011, the Redevelopment Agency of the City of Moorpark ("Redevelopment Agency") transferred certain parcels of real property (collectively, "Properties") to the City of the Moorpark ("City"); and WHEREAS, pursuant to AB X1 26, as upheld and modified by the Supreme Court in California Redevelopment Association, et al. v. Ana Matosantos, et al. (53 Ca1.4th 231(2011)), the Redevelopment Agency was dissolved as of February 1, 2012 and the Successor Agency of the Redevelopment Agency of the City of Moorpark ("Successor Agency") was constituted; and WHEREAS, AB X1 26, specifically Health and Safety Code Section 34167.5, provides that if the State Controller determines that an asset transfer occurred between the Redevelopment Agency and the City after January 1, 2011 and the City is not contractually committed to a third party for the expenditure or encumbrance of those assets, then the State Controller shall order the available assets to be returned to the Successor Agency; and WHEREAS, Health and Safety Code Section 34167.5 further declares: "The Legislature...finds that a transfer of assets by a redevelopment agency during the period covered in this section is deemed not to be in the furtherance of the Community Redevelopment Law and is thereby unauthorized"; and WHEREAS, the City has informed the Successor Agency of the City's desire to return the Properties to the Successor Agency at this time, without conceding the applicability of Health and Safety Code Section 34167.5 to the transfer of the Properties; WHEREAS, the conveyance of the Properties from the City to the Successor Agency will be evidenced by one or more quitclaim deeds ("Quitclaim Deed"); NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The above recitals are true and correct and made a substantive part of this Resolution. Resolution No. SA-2013-3 Page 2 SECTION 2. The Successor Agency accepts the conveyance of the Properties from the City. SECTION 3. The Executive Director of the Successor Agency is hereby authorized and directed to execute an appropriate certificate of acceptance with respect to each Quitclaim Deed for the Properties. The Secretary of the Successor Agency is hereby authorized and directed to cause each Quitclaim Deed, and the accompanying certificate of acceptance to be recorded in the Official Records of the Ventura County Recorder's Office. SECTION 4. The officers and staff of 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 and any such actions previously taken by such officers and staff are hereby ratified and confirmed. SECTION 5. The adoption of this Resolution is not intended to be and shall not be constitute a waiver by the Successor Agency of any right it may have to challenge the legality or the enforceability of Health and Safety Code Section 34167.5 (or any order by the State Controller thereto) with respect to the Properties. SECTION 6. The Secretary of the Successor Agency shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 3rd day of April, 2013. awike S. Parvin, Chair ATTEST: Q o,� Maureen Benson, Secretary o x � n � Attachment: Exhibit A— List of Properties Resolution No. SA-2013-3 Page 3 EXHIBIT A LIST OF PROPERTIES 511-0-050-140 661 Moorpark Avenue 511-0-050-080 47 West High Street 511-0-050-090 West High Street 511-0-050-175 83 West High Street 512-0-062-120 798 Moorpark Avenue 512-0-062-020 782 Moorpark Avenue 512-0-093-080 296 Charles Street 512-0-090-115 High Street Parcel (Aszkenazy) 512-0-081-110 81 Charles Street 511-0-101-350 347 Moorpark Avenue 512-0-081-110 467 High Street 512-0-091-080 45 High Street 512-0-103-040 81 First Street 512-0-090-050 Post Office — Front Parking Lot 511-0-090-420, 430 West of Moorpark— Rear Post Office Pkg. Lot 512-0-150-805 627 Fitch Avenue 512-0-171-225 Police Services Center 506-0-020-130 250 Los Angeles Avenue 512-0-081-080 484 Charles Street 512-0-081-050 450 Charles Street 512-0-081-060 460 Charles Street 511-0-030-300 1063 Walnut Canyon 511-0-030-290 1073 Walnut Canyon 511-0-030-270 1095 Walnut Canyon 511-0-030-260 1113 Walnut Canyon 511-0-030-250 1123 Walnut Canyon 511-0-040-130, 140 1293 Walnut Canyon 512-0-091-090 33 E. High Street 511-0-040-120 1331 Walnut Canyon 512-0-062-110 765 Walnut Street 512-0-063-010 780 Walnut Street 506-0-050-080 Surplus Parcel — 500 Los Angeles Avenue 511-0-030-280 1083 Walnut Canyon 513-0-024-105, 135 Princeton — 2 Parcels 512-0-102-100 112 First Street 512-0-102-110 124 First Street 512-0-082-020, 030 450 High Street 512-0-174-015 Veteran's Memorial Resolution No. SA-2013-3 Page 4 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Maureen Benson, 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. 2013-SA-03 was adopted by the Successor Agency of the Redevelopment Agency of the City of Moorpark at a special meeting held on the 3rd day of April, 2013, and that the same was adopted by the following vote: AYES: Agency Members Mikos, Millhouse, Pollock, Van Dam, and Chair Parvin NOES: None ABSENT: None ABSTAIN: None WITNESS my hand and the official seal of said City this 10th day of April, 2013. Maureen Benson, Agency Secretary (seal) Od�°p Pa K D 0 'Ya q,- p� n� 'aT i