HomeMy WebLinkAboutRES SA 2016 16 2016 0615 RESOLUTION NO. SA-2016-16
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK ACTING AS THE SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK,
CALIFORNIA, AUTHORIZING THE CONVEYANCE OF
GOVERNMENTAL USE PROPERTIES TO THE CITY OF MOORPARK
PURSUANT TO THE LONG RANGE PROPERTY MANAGEMENT PLAN
AND TAKING RELATED ACTIONS; AND RESCINDING RESOLUTION
NO. SA-2015-11
WHEREAS, pursuant to AB X1 26 (enacted in June 2011), and the California
Supreme Court's decision in California Redevelopment Association, et S. 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, and the Oversight Board to the Successor Agency
(the "Oversight Board") was constituted; 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, on July 15, 2014, the Oversight Board adopted Resolution No. OB-
2014-64, approving a long-range property management plan (the "LRPMP") which
addresses the disposition of the real properties owned by the Successor Agency; and
WHEREAS, the State Department of Finance (the "DOF") issued an approval
letter on February 12, 2015, indicating the DOF's approval of the LRPMP; and
WHEREAS, pursuant to HSC Section 34191.3, the DOF-approved LRPMP shall
govern, and supersede all other provisions of the Dissolution Act relating to, the
disposition and use of the real property assets of the Former Agency; and
WHEREAS, the LRPMP provides for the transfer of thirteen properties —
identified in the LRPMP as Property Nos. 4, 5(b) and 7 through 17 (collectively, the
"Governmental Use Properties") —to the City of Moorpark (the "City"); and
WHEREAS, at an upcoming meeting, the Oversight Board will consider the
adoption of a resolution directing the Successor Agency to complete the transfer of the
Governmental Use Properties pursuant to the LRPMP (the "Oversight Board
Resolution"); and
Resolution No. SA-2016-16
Page 2
WHEREAS, pursuant to HSC Section 34179(h)(1)(D), the Oversight Board
Resolution will become effective upon adoption without any requirement for submission
to the DOF for additional review; and
WHEREAS, the Successor Agency took a similar action with the adoption of
Resolution SA-2015-11 that contained incorrect information, requiring the rescission of
said Resolution.
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 conveyance of each of the Governmental Use Properties by
the Successor Agency to the City is hereby authorized and approved. Each of the
Chair (or, in the Chair's absence, the Vice Chair), and the Executive Director, acting
individually, is hereby authorized to execute and deliver, for and in the name of the
Successor Agency, one or more grant deeds, substantially in the form attached as
Attachment I, to effect and evidence such conveyance; provided, that such execution
and delivery shall occur after the adoption of the Oversight Board Resolution.
SECTION 3. The officers and staff of the Successor Agency are hereby
authorized and directed, jointly and severally, to execute such documents and do any
and all things which they may deem necessary or advisable to effectuate the purposes
of this Resolution and the Deeds and any such actions previously taken by such officers
and staff are hereby ratified and confirmed.
SECTION 4. 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 15th day of June, 2016.
ffrocWvr I
de.
ice S. Parvin, Chair
ATTEST:
Maureen Benson, Agency Secretary
Attachment— Form of Grant Deed , .� /� :
ATTACHMENT I
FORM OF GRANT DEED
Resolution No. SA-2016-16
Page 4
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City of Moorpark
799 Moorpark Ave
Moorpark, CA 93021
Attention: City Clerk
APN(s): [SPACE ABOVE FOR RECORDER'S USE ONLY]
This transfer is exempt from Documentary Transfer Tax pursuant to Revenue &
Taxation Code Section 11922, and exempt from Recording Fees pursuant to California
Government Code Section 6103.
GRANT DEED
THE UNDERSIGNED GRANTOR DECLARES AS FOLLOWS:
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged
the SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF
MOORPARK ("Grantor") hereby grants to the CITY OF MOORPARK, CALIFORNIA
"Grantee"), the land and located in the County of Ventura, State of California, more
particularly described on Exhibit A attached hereto and incorporated herein by reference
and all improvements and fixtures thereon (collectively, the "Property").
SUBJECT TO:
General and special real property taxes and assessments and supplemental
assessments for the current fiscal year; and
All liens, encumbrances, easements, rights of way, covenants, conditions,
restrictions, reservations and all other matters of record.
IN WITNESS WHEREOF, Grantor has executed this Grant Deed as of the date
set forth below.
Dated: , 201
SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY OF THE CITY
OF MOORPARK
By:
Print Name:
Title:
Resolution No. SA-2016-16
Page 5
EXHIBIT "A"
Legal Description
THE LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF VENTURA
DESCRIBED AS FOLLOWS (AND THE IMPROVEMENTS AND FIXTURES
THEREON):
Resolution No. SA-2016-16
Page 6
CERTIFICATE OF ACCEPTANCE
(California Government Code Section 27281)
This is to certify that the interest in real property conveyed to the City of
Moorpark (the "City") by that certain Grant Deed, dated , 2016, executed
by the Successor Agency of the Redevelopment Agency of the City of Moorpark is
hereby accepted by the undersigned officer on behalf of the City pursuant to the
authority conferred by Resolution No. of the City Council of the City, adopted on
, 2016, and the City consents to the recordation thereof by its duly
authorized officer.
Dated: , 2016
CITY OF MOORPARK
By:
Janice S. Parvin
Mayor
Resolution No. SA-2016-16
Page 7
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. SA-2016-16 was adopted by the Successor Agency of
the Redevelopment Agency of the City of Moorpark at a regular meeting held on the
15th day of June, 2016, 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 6th day of July, 2016.
7/ua wce-t.--.1 XLI a-,____
Maureen Benson, Agency Secretary
(seal)
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