HomeMy WebLinkAboutG- A-3 property Azusa_ Joint CC_SA Staff Report Authorizing Quitclaim DeedITEM
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TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL,
MEMBERS OF THE SUCCESSOR AGENCY TO THE REDEVELOPMENT
AGENCY OF THE CITY OF AZUSA
VIA: TROY L. BUTZLAFF, ICMA-CM, CITY MANAGER
FROM: KURT CHRISTIANSEN, FAICP, DIRECTOR OF ECONOMIC AND COMMUNITY
DEVELOPMENT
DATE: JUNE 27, 2016
SUBJECT: APPROVAL OF A QUITCLAIM DEED CONVEYING 803 N. DALTON AVENUE,
805 N. DALTON AVENUE, 809 N. DALTON AVENUE, AND 810 N. ALAMEDA
AVENUE, SPECIFICALLY IDENTIFIED AS ASSESSOR PARCEL NO.’S 8605 -027-
905, 8605-027-907, 8605-027-908, AND 8605-027-906, FROM THE CITY TO THE
SUCCESSOR AGENCY TO ESTABLISH A CLEAN TITLE TRANSFER BETWEEN
THE AGENCY AND THE OLSON COMPANY AS AUTHORIZED BY THE LONG
RANGE PROPERTY MANAGEMENT PLAN APPROVED BY THE CALIFORNIA
DEPARTMENT OF FINANCE IN DECEMBER OF 2015
SUMMARY
803 N. Dalton Avenue, 805 N. Dalton Avenue, 809 N. Dalton Avenue, and 810 N. Alameda Avenue,
specifically identified as Assessor Parcel No.’s 8605-027-905, 8605-027-907, 8605-027-908, and 8605-
027-906, (“Property”) were formerly owned by the Redevelopment Agency of the City of Azusa
(“RDA”). The RDA transferred the Property to the City in March 2011 as repayment for a City loan.
This property was identified in the Long Range Property Management Plan as an asset of the Successor
Agency and was determined by the California Department of Finance to be transferred back to the
Agency. This action approves a Quitclaim Deed conveying the above noted properties from the City to
the Successor Agency.
RECOMMENDATION
Staff recommends that the City Council take the following action:
1) Approval of a quitclaim deed conveying 803 N. Dalton Avenue, 805 N. Dalton Avenue, 809 N.
Dalton Avenue, and 810 N. Alameda Avenue, specifically identified as Assessor Parcel No.’s
8605-027-905, 8605-027-907, 8605-027-908, and 8605-027-906, from the City to the Successor
Agency to establish a clean title transfer between the Agency and The Olson Company as
authorized by the Long Range Property Management Plan approved by the California
Department of Finance in December of 2015
APPROVED
SPECIAL MEETING
6/27/2016
Approval of Quitclaim Deed
June 27, 2016
Page Two
BACKGROUND
803 N. Dalton Avenue, 805 N. Dalton Avenue, 809 N. Dalton Avenue, and 810 N. Alameda Avenue,
specifically identified as Assessor Parcel No.’s 8605-027-905, 8605-027-907, 8605-027-908, and 8605-
027-906, (“Property”) were formerly owned by the Redevelopment Agency of the City of Azusa
(“RDA”). The RDA transferred the Property to the City in March 2011 as repayment for a City loan.
The RDA was dissolved on February 1, 2012 pursuant to ABX1 26 (ABX1 26 and AB 148 4 collectively
referred to as the “Dissolution Law”). Pursuant to Health & Safety Code Section 34167.5, the State
Controller’s Office (“SCO”) conducted an audit of all asset transfers made by the RDA to the City or
any other public agency after January 1, 2011 until its dissolution (“SCO Report”). The SCO Report,
dated March 4, 2015, determined that the transfer of the Property from the RDA to the City was
unauthorized under the Dissolution Law and that the Property must be transferred to the Successor
Agency. In December 2015, the DOF approved the Successor Agency’s LRPMP. By approving the
LRPMP, the DOF acknowledged the following: 1) that the Property was held by the City, not the
Successor Agency; 2) that the Property was to be retained by the City; and 3) the Property’s designated
use is for the Gold Line Station.
On March 7, 2016, the City entered into an Exclusive Negotiation Agreement with Olson Urban
Housing. The proposed ENA provides a process for the parties to negotiate a possible dispositi on and
development agreement (DDA) for, among other things, the possible conveyance to and development by
Olson Urban Housing of the proposed project sites. It should be noted that the ENA does not commit the
City to such conveyance or development, nor does it commit Olson Urban Housing to develop the
project. Olson Urban Housing is proposing approximately 27 townhome units.
In order to ensure that title of the Property is clean, the City and the Successor Agency agree that the
Property must be first transferred to the Successor Agency to comply with the SCO Report dated March
4, 2015.
FISCAL IMPACT
There is no fiscal impact associated with the recommended action.
Prepared by: Reviewed and Approved
Kurt E. Christiansen, FAICP Louie F. Lacasella
Economic and Com Development Director Management Analyst
Reviewed and Approved:
Troy L. Butzlaff, ICMA-CM
City Manager
Attachments:
1) Property Data Sheet from the approved LRPMP
2) Quitclaim Deed between the City and Successor Agency
01064\050641\516-002-01 1
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO AND
MAIL TAX STATEMENTS TO:
SUCCESSOR AGENCY TO THE REDEVELOPMENT
AGENCY OF THE CITY OF AZUSA
ATTN: Executive Director
213 East Foothill Boulevard
Azusa, CA 91702-1295
______________________________________________________________________________
APN 8608-027-905, 8608-027-906, 8608-027-908 and 8608-027-907 Exempt from Recording Fees per Govt. Code
§27383
Exempt from Documentary Transfer Tax
per Calif. Rev. & Tax. Code §11922
QUITCLAIM DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
CITY OF AZUSA, a California municipal corporation (“Grantor”)
hereby remises, releases, assigns and forever quitclaims to
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY
OF AZUSA, a public body, corporate and politic (“Grantee”)
all of Grantor’s rights, title and interest in and to those certain parcels of real property situated in
the City of Azusa, County of Los Angeles, State of California, more fully described in
EXHIBIT A attached hereto and incorporated herein by reference (“Property”) subject to the
following covenants, conditions and restrictions:
Covenants Against Discrimination.
A. Obligation to Refrain From Discrimination.
Grantee covenants by and for itself, and any successors in interest, that
there shall be no discrimination against or segregation of any person, or group of
persons, on account of sex, race, color, creed national origin or ancestry in the
sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the
Property, nor shall Grantee or any person claiming under or through it 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 land.
01064\050641\516-002-01 2
B. Form of Nondiscrimination and Nonsegregation Clauses.
Grantee shall refrain from restricting the rental, sale or lease of the
Property on the basis of sex, race, color, creed, ancestry or national origin of any
person. All such deeds, leases or contracts for the use of the Property shall
contain or be subject to substantially the following nondiscrimination clauses:
1. In deeds: “The grantee herein covenants by and for himself or herself,
his or her 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 or persons on account of race, color, creed, religion, sex,
marital status, national origin or ancestry 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 him or her, 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,
sub lessees or vendees in the land herein conveyed. The foregoing covenants
shall run with the land.”
2. In leases: “The leasee herein covenants by and for himself or herself,
his or her heirs, executors, administrators and assigns, and all persons claiming
under or through him or her, 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 race, color, creed, religion, sex, marital status,
national origin or ancestry in the leasing, subleasing, transferring, use, or
enjoyment of the premises herein leased nor shall the lessee himself, or any
person claiming under or through him or her, 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, sub lessees, subtenants or
vendees in the land herein leased.
3. In contracts: “There shall be no discrimination against or segregation
of, any person, or group of persons on account of race, color, creed, religion, sex,
marital status, national origin or ancestry in the sale, lease, sublease, transfer, use,
occupancy, tenure or enjoyment of the land, nor shall the transferee or any person
claiming under or through him or her, 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, sub lessees or vendees
of the land.”
01064\050641\516-002-01 3
Dated: _________________________ CITY OF AZUSA,
a California municipal corporation
By: ____________________________________
Troy L. Butzlaff
City Manager
01064\050641\516-002-01 2
A notary public or other officer completing this certificate verifies only t he identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA
STATE OF CALIFORNIA )
COUNTY OF )
On _____ , 2016 , before me, ,
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 of Notary Public
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Individual Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General
Attorney-In-Fact Number Of Pages
Trustee(s)
Guardian/Conservator
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Date Of Document
Signer(s) Other Than Named Above
01064\050641\516-002-01
EXHIBIT “A” TO
QUITCLAIM DEED
PARCEL 1 (APN 8608-027-905)
All that certain real property situated in the County of Los Angeles, State of California, described
as follows:
A parcel of land in the City of Azusa, County of Los Angeles, State of California, adjoining Block 19
of Azusa, as per Map recorded In Book 15, Page 93 of Miscellaneous Records, In the office of the County
Recorder of said County, described as follows:
Commencing at the intersection of the South line of said Block 19 and the West line of Dalton
Avenue, BO feet wide; thence Southerly along said Westerly line to the Northerly line of the
right of way and depot grounds of the Southern California Railway Co , (now Atchison,
Topeka and Santa Fe Railway Co.,); thence Southwesterly along said Northerly line to a point
in a line formed by the prolongation of the East boundary line of Lot(s) 17, 18, 19, 20, 21 and
22 In said Block 19; thence Northerly along said prolongation to the Southeasterly corner·
of Lot 22 in said Block 19; thence Northeasterly along the Southeasterly line of said Block 19
to the Point of Beginning.
PARCEL 2 (APN 8608-027-906)
All that certain real property situated in the County of Los Angeles, State of California, described
as follows:
Lot(s) 4 in Block 19 of Azusa, in the City of Azusa, County of Los Ang eles, State of California, as pe r map
recorded in Book 15 Page(s) 93 to 96 inclusive of Maps, in the Office of the County Recorder of said
County.
Together with that portion of that certain North/South Alley, 20 feet wide, as shown on Map
of Azusa, in the City of Azusa, County of Los Angeles, State of California, as per map
recorded in Book 15 Page(s) 93, et seq of Miscellaneous Records, in the Office of the County
Recorder of said County, included within Block 19 of said Map of Azusa, shown as Parcel
“A” on Exhibit “B” of that certain Resolution to Vacate No. 94 -C34, recorded July 19, 1994
as Instrument No 94-1339841 , Official Records.
PARCEL 3 (APN 8608-027-908)
All that certain real property situated in the County of Los Angeles, State of California, described
as follows:
That portion of land described in Certificate of Compliance for a Lot Merger as evidenced by
document recorded March 4, 2009 as Instrument No. 2009 -306247 of Official Records, being
more particularly described as follows:
Lots 2 and 3 in Block 19 in the City of Azusa, as per Map recorded in Book 15 , Page(s) 93
to 96 inclusive of Maps, in the Office of the County Recorder of said County .
01064\050641\516-002-01
PARCEL 4 (APN 8608-027-907)
All that certain real property situated in the County o f Los Angeles, State of California, described
as follows:
LOT(S) 17, 18, 19, 20, 21 AND 22 IN BLOCK 19 OF AZUSA, IN THE CITY OF
AZUSA, COUNTY OF LOS ANG ELES, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 15, PAGE(S) 93 ET SEQ., OF MISCELLANEOUS RECORDS, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
ALSO A PARCEL OF LAND ADJOINING SAID BLOCK 19 OF THE SOUTH,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID BLOCK 19; THENCE
SOUTH 50 FEET TO THE NORTHERLY LINE OF THE RI GHT OF WAY AND DEPOT
GROUNDS OF THE SOUTHERN CALIFORNIA RAILWAY CO., (NOW ATCHISON,
TOPEKA AND SANTA FE CO.) THENCE NORTHEASTERLY ALONG SAID
NORTHERLY LINE TO A POINT IN A LINE FORMED BY THE PROLONGATION OF
THE EAST BOUNDARY LINE OF SAID LOT(S) 17, 18, 19, 20, 21 AND 22 IN SAID
BLOCK 19, SAID POINT BEING 50 FEET SOUTH FROM THE SOUTHEASTERLY
CORNER OF SAID LOT 22; THENCE NORTH 50 FEET TO THE SOUTHEASTERLY
CORNER OF SAID LOT 22; THENCE SOUTHWESTERLY ALONG THE
SOUTHEASTERLY LINE OF SAID LOT 22 TO THE POINT OF BEGINNING.
01064\050641\516-002-01
CERTIFICATE OF ACCEPTANCE OF
QUITCLAIM DEED
This Certificate of Acceptance pertains to the interest in real property conveyed by the
Quitclaim Deed dated ___________________ to which this Certificate of Acceptance is
attached,
from: CITY OF AZUSA, a California municipal corporation
to: CITY OF AZUSA, as Successor Agency to the Redevelopment Agency of the
City of Azusa, a public body, corporate and politic (“Grantee”)
Said Quitclaim Deed is hereby accepted by the undersigned officer on behalf of Grantee
pursuant to authority conferred by the Grantee’s governing board, and Grantee hereby consents
to recordation of such Grant Deed.
Dated: _____________________ CITY OF AZUSA, as Successor Agency
to the Redevelopment Agency of the City of
Azusa, a public body, corporate and politic
By: ____________________________________
Troy Butzlaff
Its: Executive Director
ATTEST:
___________________________
Agency Secretary