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Home My WebLink AboutD-2 Granting of Hillside Open Space from City to JPASCHEDULED ITEM D-2 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: TROY L. BUTZLAFF, ICMA-CM, CITY MANAGER FROM: MARCO MARTINEZ, CITY ATTORNEY DATE: SEPTEMBER 19, 2016 SUBJECT: APPROVAL OF CONVEYANCE OF TITLE TO HILLSIDE LAND NORTH OF THE ROSEDALE PROJECT FROM CITY TO AZUSA-RMC JOINT POWERS AUTHORITY SUMMARY: At its June 20 and August 15 meetings, the City Council took several actions to establish the Azusa- RMC Joint Powers Authority which will long-term manage the hillside open space property north of the Rosedale project. The new Authority was formed in partnership with the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy (the “Conservancy”). At the August 15 meeting, the City Council was also requested to approve a grant deed which would convey the hillside property from the City to the new Authority. However, at the Council meeting, Councilmember Macias requested that Staff explore an additional provision to the grant deed to further secure the City’s interests. The amended grant deed includes an additional provision that automatically returns the hillside property to the City should the Authority attempt to sell, exchange or otherwise transfer the property to a third party without the City’s express written consent. The proposed action approves the City Manager’s execution of the amended Grant Deed conveying Hillside property North of Rosedale Project to the Azusa-RMC Joint Powers Authority. RECOMMENDATION: Staff recommends that the City Council take the following action: 1) Approve the City Manager’s Execution of Amended Grant Deed Conveying Hillside Property North of Rosedale Project to the Azusa-RMC Joint Powers Authority. DISCUSSION: At its June 20 and August 15 meetings, the City Council took several actions to establish the Azusa- RMC Joint Powers Authority (“Authority”). The Authority will long-term manage the approximately 201 acres of hillside open space property which Rosedale Land Partners (“RLP”) is required to transfer Approved Council Meeting 9/19/2016 with revisions to Grant Deed Rosedale Project – Conveyance of Title to Hillside Open Space Property from City to Azusa-RMC Joint Powers Authority September 19, 2016 Page 2 of 2 to the City under the 2004 Development Agreement for the Rosedale project. The new Authority was formed in partnership with the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy (the “Conservancy”). The specific actions already taken include:  Approval of a joint powers agreement with the Conservancy to establish the Authority;  City acceptance of title to the hillside property from RLP;  Appointment of two members to the new Authority Board of Directors; and  Approval of Operating Memorandum No. 2 to the 2004 Development Agreement which, among other things, acknowledges RLP’s transfer of the hillside property to the City and provides “seed money” for the new Authority’s operations. At the August 15 meeting, the Council was also requested to approve the City Manager’s execution of a grant deed which would convey title to the hillside property from the City to the new Joint Powers Authority. While the grant deed already returns the property to the City if the Authority should dissolve or otherwise fail to carry out its duties, the Council requested an extra provision be added to further secure the City’s interests. The amended grant deed (Attachment 1) would automatically return the hillside property to the City should the Authority attempt to sell, exchange or otherwise transfer the property to a third party without the City’s express written consent. FISCAL IMPACT: There is no fiscal impact associated with the recommended action. Prepared by: Reviewed and Approved: Marco Martinez Louie F. Lacasella City Attorney Management Analyst Reviewed and Approved: Troy L. Butzlaff, ICMA-CM City Manager Attachment: 1) Amended Grant Deed and Certificate of Acceptance for Hillside Open Space Property (City to JPA transfer) Azusa-RMC Joint Powers Authority _________________________ _________________________ ______________, CA ______ FREE RECORDING This instrument is for the benefit of the Azusa-RMC Joint Powers Authority, and is entitled to be recorded without fee. (Govt. Code 6103) (Space above this line reserved for Recorder’s use) GRANT DEED PROJECT: HILLSIDE OPEN SPACE DEDICATION AND MANAGEMENT – NORTH OF ROSEDALE PROJECT APN Nos.: 8625-001-050, 8625-001-054 and 8625-001-059; and portions of APN 8625-001-053, 8625-001- 058 and 8625-001-060. FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the CITY OF AZUSA, a municipal corporation in the State of California, hereinafter called “Grantor,” does hereby GRANT to the AZUSA-RMC JOINT POWERS AUTHORITY, a public agency and joint powers authority, hereinafter called “Grantee,” subject to the Conditions and Right of Reverter described below, the real property (“Property”) in the County of Los Angeles, State of California, described as: See Exhibit “A” attached hereto and made a part hereof This conveyance by Grantor is made pursuant to the terms of a Joint Exercise of Powers Agreement establishing Grantee, dated ___________, 2016 and by this reference incorporated herein, pursuant to which Grantee has agreed that it shall use the Property solely to provide open space, low impact recreational and educational uses, water conservation, watershed improvement and wildlife and habitat restoration, in furtherance of those purposes set forth in Section 32602 of the California Public Resources Code. Consistent with these purposes, Grantee shall accept all responsibilities of ownership, including but not limited to, managing, monitoring and maintaining the Property consistent with the requirements above. Grantor shall have a Right of Reverter in the Property if, at any time: 1.) Grantee fails to use and manage the Property in accordance with the requirements and purposes described above; or 2.) Grantee should dissolve or otherwise cease to exist, whether voluntarily or involuntarily; or 3.) Grantee attempts to sell, exchange, or otherwise transfer the Property to a third party without Grantor’s express written consent. IN WITNESS WHEREOF, Grantor has executed this Grant Deed as of the ____ day of _______, 2016. Dated: _________________________ CITY OF AZUSA By: ___________________________________ Troy Butzlaff City Manager, City of Azusa ATTACH NOTARY ACKNOWLEDGEMENT BEHIND THIS PAGE EXHIBIT A TO GRANT DEED Legal Description and Map of Property [APN Nos.: 8625-001-050, 8625-001-054 and 8625-001-059; and portions of APN 8625-001-053, 8625-001-058 and 8625-001-060] AZUSA-RMC JOINT POWERS AUTHORITY CERTIFICATE OF ACCEPTANCE OF GRANT DEED [APN Nos.: 8625-001-050, 8625-001-054 and 8625-001-059; and portions of APN 8625-001-053, 8625-001-058 and 8625-001-060] This is to certify that the real property conveyed by CITY OF AZUSA, on the Grant Deed dated _______________, 2016, to the AZUSA-RMC JOINT POWERS AUTHORITY (Grantee), is hereby accepted by the undersigned officer on behalf of the Grantee, pursuant to authority conferred by resolution of the Board of Directors. Dated: __________________________ AZUSA-RMC JOINT POWERS AUTHORITY, a public agency and joint powers authority By: _________________________________ ________________________ Executive Officer EXHIBIT B TO GRANT DEED Joint Powers Agreement Establishing RMC Joint Powers Authority [attached behind this page]