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Home My WebLink AboutF-1 - Quitclaim Deed from City to the Successor AgencyJOINT COUNCIL/SUCCESSOR AGENCY ITEM F-1 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL, MEMBERS OF THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA FROM: KURT CHRISTIANSEN, FAICP, DIRECTOR OF ECONOMIC AND COMMUNITY DEVELOPMENT DATE: JUNE 6, 2016 SUBJECT: APPROVAL OF QUITCLAIM DEED CONVEYING 812 N. AZUSA AVENUE AND 801 N. ALAMEDA, SPECIFICALLY IDENTIFIED AS ASSESSOR PARCEL NO.’S 8608-025-903, 608-025-904, 8608-025-905 AND 8608-025-906, FROM THE CITY TO THE SUCCESSOR AGENCY TO ESTABLISH A CLEAN TITLE TRANSFER BETWEEN THE TWO AGENCIES FOR USE AS A PARK-AND-RIDE FACILITY FOR THE GOLD LINE STATION AS AUTHORIZED BY THE LONG RANGE PROPERTY MANAGEMENT PLAN APPROVED BY THE CALIFORNIA DEPARTMENT OF FINANCE IN DECEMBER 2015 SUMMARY: 812 N. Azusa Avenue and 801 N. Alameda Avenue, specifically identified as Assessor Parcel No.’s 8608-025- 903, 608-025-904, 8608-025-905 AND 8608-025-906, (“Property”) were formerly owned by the Redevelopment Agency of the City of Azusa (“RDA”). This property was identified in the Long Range Property Management Plan as a City Facility (parking structure) and was determined by the California State Department of Finance to remain as a City asset. In order to receive the funds from Metro for the construction of the Gold Line parking spaces the City must establish a clean title, which necessitates the transferring of the property from the City to the Successor Agency, and then back to the City. This action approves a Quitclaim Deed conveying 812 N. Azusa Avenue and 801 N. Alameda Avenue, specifically identified as Assessor Parcel No.’s 8608-025-903, 608-025- 904, 8608-025-905 and 8608-025-906, from the City to the Successor Agency. RECOMMENDATION: Staff recommends that the City Council take the following action: 1.Approve the Quitclaim Deed conveying 812 N. Azusa Avenue and 801 N. Alameda Avenue, specifically identified as Assessor Parcel No.’s 8608-025-903, 608-025-904, 8608-025-905 and 8608-025-906, from the City to the Successor Agency to establish a clean title transfer between the two agencies for use as a park-and ride facility for the Gold Line Station development of the Gold Line Station as authorized by the Long Range Property Management Plan (“LRPMP”) approved by the California Department of Finance (“DOF”) in December 2015. APPROVED COUNCIL MEETING 6/6/2016 Approve Quitclaim Deed from City to Successor Agency June 6, 2016 Page Two DISCUSSION: 812 N. Azusa Avenue and 801 N. Alameda Avenue, specifically identified as Assessor Parcel No.’s 8608-025- 903, 608-025-904, 8608-025-905 AND 8608-025-906, (“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 1484 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 October 4, 2010, the City entered into a Memorandum of Understanding (“MOU”) with Foothill Transit for the joint financing, planning, design, construction and use of a park-and-ride facility in conjunction with the new Gold Line station. The facility includes a 4-level parking structure containing between 500 to 725 parking spaces, an electric bus charging station and bus bays and turnouts to accommodate Foothill Transit buses. The Property’s current land use as a light rail park-and-ride facility is consistent with the General Plan’s Downtown Transit Village District (DTV) designation for this site. Pursuant to Health and Safety Code section 34181.2 property that is used for a parking lot that generates no more revenue than reasonably necessary for maintenance may be conveyed to the City as a governmental use property. The Successor Agency has determined that the Property should be retained by the City for governmental use as a public facility (Gold Line park-and-ride facility). Pursuant to the City’s MOU with Foothill Transit, the City will retain ownership of the site, will use the Property as a park-and ride facility for the Gold Line Station and will lease the parking spaces to Foothill Transit. 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. Upon completion of the Property transfer, the Successor Agency will Quitclaim Deed the Property back to the City. FISCAL IMPACT: There is no fiscal impact associated with the recommended actions. Prepared by: Reviewed and approved: Kurt E. Christiansen, FAICP Louie F. Lacasella Economic and Community 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 ATTACHMENT 1 45635.09000\28297806.2 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO AND MAIL TAX STATEMENTS TO: REDEVELOPMENT AGENCY OF THE CITY OF AZUSA Executive Director 213 East Foothill Boulevard Azusa, CA 91702-1295 ______________________________________________________________________________ APN’s 8608-025-903, 8608-025-904, 8608-025-905 and 8608-025-906 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 that certain 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”). Dated: _________________________ CITY OF AZUSA, a California municipal corporation By: ____________________________________ Troy Butzlaff City Manager ATTACHMENT 2 45635.09000\28297806.2 A notary public or other officer completing this certificate verifies only the 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 May _____, 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 45635.09000\28297806.2 EXHIBIT A TO QUITCLAIM DEED 45635.09000\28297806.2 45635.09000\28297806.2 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