HomeMy WebLinkAboutSA Res SA14-03 2014-07-28 RESOLUTION NUMBER SA1403
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
SUCCESSOR AGENCY TO THE SEAL BEACH
REDEVELOPMENT AGENCY AUTHORIZING THE
CONVEYANCE OF CERTAIN GOVERNMENTAL USE
PROPERTIES TO THE CITY OF SEAL BEACH PURSUANT TO
THE LONG RANGE PROPERTY MANAGEMENT PLAN
RECITALS: 1
A. Pursuant to AB X1 26 (enacted in June 2011), as modified by the
California Supreme Court's decision in California Redevelopment Association, et
at. v. Ana Matosantos, et at., 53 Cal. 4th 231 (2011), the Seal Beach
Redevelopment Agency (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.
B. AB 1484 (enacted June 2012) amended and supplemented AB X1
26 (AB X1 26 and AB 1484, together, being referred to below as the "Dissolution
Act").
C. Pursuant to the Dissolution Act, the Successor Agency is tasked
with winding down the affairs of the Former Agency.
D. Pursuant to Section 34175(b) of the California Health and Safety
Code ("HSC"), all real properties of the Former Agency transferred to the control
of the Successor Agency by operation of law.
E. On January 7, 2014, the Oversight Board adopted Resolution No.
OB14-01, approving a long-range property management plan (the "LRPMP")
which addresses the disposition of the real properties owned by the Successor
Agency.
F. As indicated in the DOF's letter dated February 28, 2014, the DOF
has approved the LRPMP.
G. 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.
H. The LRPMP, as approved by the DOF, provides for the transfer to
the City of Seal Beach (the "City") certain properties (collectively, the
"Governmental Use Properties") — identified in the LRPMP as follows:
a. Property No. 1 — Police/Fire Station, located at 911 Seal Beach
Boulevard;
b. Property No. 2 — Public Building, located at 1776 Aldofo Lopez
Drive; and
c. Property No. 3 — a vacant property to be used as public works
yard, located at western end of Adolfo Lopez Drive.
I. On July 1, 2014, the Oversight Board adopted Resolution No.
OB14-05 directing the Successor Agency to complete the transfer of the
Governmental Use Properties pursuant to the LRPMP.
J. The Successor Agency has received the DOF's letter dated July 8,
2014, indicating the DOF's approval of Resolution No. OB14-05.
Resolution Number SA14-03
NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE SUCCESSOR
AGENCY TO THE SEAL BEACH REDEVELOPMENT AGENCY, HEREBY
FINDS, DETERMINES, RESOLVES, AND ORDERS 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
111 Properties by the Successor Agency to the City is hereby authorized and
approved. The Chair (or, in the Chair's absence, the Vice Chair) is hereby
authorized and directed to execute and deliver a grant deed, substantially in the
form attached as Attachment A, to effect and evidence such conveyance.
Section 3. The officers of the Successor Agency are hereby authorized
and directed, jointly and severally, to execute such instruments and do any and
all things which they may deem necessary or advisable to effectuate this
Resolution.
Section 4. This Resolution shall take effect immediately upon adoption.
PASSED, APPROVED AND ADOPTED by the Board of Directors of the
Successor Agency at a meeting held on the 28th day of Jul , 2014.
AYES: Board Members: p, lj Anal A 1�� &k1 ! : /i
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NOES: Board Members: 92'j7/
ABSENT: Board Members:
ABSTAIN: Board Members:
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Mayor/Chair
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ATTEST: ' is !e ::; - :!
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Cit Clerk/Secretary
STATE OF CALIFORNIA
COUNTY OF ORANGE ) SS
CITY OF SEAL BEACH
I, Linda Devine, Secretary to the Successor Agency to the Seal Beach
Redevelopment Agency, hereby certify that the foregoing resolution is the
original copy of Resolution Number SA14-03 is on file in the office of the City
Clerk, passed, approved, and adopted by the Board of Directors of the
Successor Agency, held on the 28th day of July , 2014.
a nit Gig-'
Cit Clerk/Secretary
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
CITY OF SEAL BEACH
Attn: City Clerk
211 - 8th Street
Seal Beach, CA 90740
Space of above this line for Recorder's use.
"' No Recording Fee Pursuant to Government Code Section 6103, 27383 ""
GRANT DEED
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.
The SUCCESSOR AGENCY TO THE SEAL BEACH REDEVELOPMENT
AGENCY ("Grantor"), does hereby GRANT to the CITY OF SEAL BEACH, a municipal
corporation ("Grantee"), Grantor's right, title and interest in, under and to that certain
real property located in the County of Orange, State of California, more particularly
described on Exhibit A attached hereto ("Property"), and all improvements and fixtures
located thereon.
SUBJECT TO:
• General and special real property taxes and assessments and supplemental
assessments for the current fiscal year;
All liens, encumbrances, easements, covenants, conditions and restrictions of
record; and All matters which would be revealed or disclosed in an accurate survey of
the property.
Grantee covenants by and for Grantee, Grantee's heirs, executors,
administrators and assigns, and all persons claiming under or through them, that there
shall be no discrimination against or segregation of, any person or group of 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 premises herein conveyed, nor shall Grantee, or any person
claiming under or through Grantee, establish or permit any 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 premises
herein conveyed.
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.
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All deeds, leases or contracts entered into with respect to the Property shall
contain or be subject to substantially the following nondiscrimination/nonsegregation
clauses:
(a) In deeds: "The grantee herein covenants by and for the grantee,
the grantee's heirs, executors, administrators and assigns, and all persons claiming
under or through them, that there shall be no discrimination against or segregation of,
any person or group of 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 premises herein
conveyed, nor shall the grantee, or any person claiming under or through the grantee,
establish or permit any 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 premises herein conveyed. The foregoing
covenants shall run with the land.
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."
(b) In leases: "The lessee herein covenants by and for lessee,
lessee's heirs, executors, administrators and assigns, and all persons claiming under or
through lessee, and 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 of 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 leasing, subleasing,
transferring, use or occupancy, tenure or enjoyment of the premises herein leased nor
shall the lessee, or any person claiming under or through lessee, 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, sublessees,
subtenants or vendees in the premises 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."
(c) In contracts: "The contracting party or parties hereby covenant by
and for the contracting party or parties and their respective successors and assigns,
that there shall be no discrimination against or segregation of any person or group of
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 premises, nor shall the contracting party or
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parties, any subcontracting party or parties, or their respective assigns or transferees,
establish or permit any such practice or practices of discrimination or segregation.
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 and Grantee have executed this Grant Deed
as of the date set forth below.
Dated: July 28, 2014
GRANTOR:
SUCCESSOR AGENCY TO THE
SEAL BEACH REDEVELOPMENT AGENCY
By:
Ellery A. Deaton
Chair
ATTEST:
Secretary
GRANTEE:
CITY OF SEAL BEACH
By:
Ellery A. Deaton
Mayor
ATTEST:
City Clerk
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EXHIBIT A
(Grant Deed)
Legal Description
The land situated in the State of California, County of Orange, City of Seal
Beach, described as follows:
That portion of the Northwest quarter of Section 12, Township 5 South, Range 12
West, in the Rancho Los Alamitos, as shown on Map No. 2 attached to the Final
Decree of Partition of said Rancho, a certified copy of which was recorded
February 2, 1891 in book 14, page 31 of Deeds, records of Orange County,
California, described as follows:
Beginning at the Southwest corner of that certain parcel of land shown as
containing 124.077 acres on a Map filed in book 83, page 22 of Record of
Surveys in the office of the County Recorder of said Orange County; thence
along the Westerly line of said certain parcel of land North 00° 16' 50" East
246.44 feet; thence along a line parallel with and distant Northeasterly 225.00
feet from the Southwesterly line of said certain parcel of land South 65° 38' 35"
East 1470.08 feet to the Southeasterly line of Parcel B as described in a deed to
the City of Seal Beach, recorded February 24, 1967 in book 8184, page 79 of
Official Records of said Orange County; thence along said Southeasterly line
South 30° 43' 30" West 226.40 feet to said Southwesterly line of said certain
parcel of land; thence along said Southwesterly line North 65° 38' 35" West
1344.43 feet to the point of beginning.
Excepting therefrom all minerals, gas, oil, petroleum, naphta and other
hydrocarbon substances in and under the above described property, together
with all necessary and convenient rights to explore for, develop, produce, extract
and take the same, including the exclusive right to directionally drill into and
through said land from other lands and into the subsurface of other lands, subject
to the express limitations that any and all operations for the exploration,
development, production, extraction and taking of any of said substances shall
be carried on at levels below the depth of 500 feet from the surface of the above
described property, by means of mines, wells, derricks and/or other equipment
from surface locations on adjoining or neighboring land lying outside of the above
described property, and subject further to the express limitation that the foregoing
reservation shall in no way be interpreted to include any right of entry in and
upon the surface of the above described strip of land.
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