HomeMy WebLinkAboutE-1 - Resolution OB-5-2016, Approving Quitclaim DeedSCHEDULED ITEM
E-1
TO: CHAIR AND MEMBERS OF THE OVERSIGHT BOARD OF THE SUCCESSOR
AGENCY TO THE REDEVELOPMENT AGENCY FOR THE CITY OF AZUSA
FROM: KURT E. CHRISTIANSEN, AICP
ECONOMIC AND COMMUNITY DEVELOPMENT DIRECTOR
DATE: JUNE 8, 2016
SUBJECT: ADOPT RESOLUTION FOR 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 SUCCESSOR AGENCY TO THE CITY TO THE 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”). 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 California Department of Finance (“DOF”) approved the Successor
Agency’s Long Range Property Management Plan (“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.
APPROVED
06/08/2016
RECOMMENDATION:
It is recommended that the Oversight Board to the Successor Agency to the Redevelopment Agency for
the City of Azusa (“Oversight Board”), adopt Resolution No. OB-5-2016 directing and approving the
conveyance of 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, via Quitclaim Deed from
the Successor Agency to the City 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 approved by the California Department of Finance in
December 2015.
DISCUSSION:
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 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. Upon approval from the Oversight Board of the Successor Agency to the
Redevelopment Agency for the city of Azusa, the City will accept conveyance of the Property.
FISCAL IMPACT:
There is no fiscal impact associated with the proposed actions.
Attachments: 1. Resolution No. OB-5-2016
2. Property Data Sheet from the approved LRPMP
3. Quitclaim Deed between the City and Successor Agency
4. Quitclaim Deed between the Successor Agency and the City
RESOLUTION NO. OB-5-2016
RESOLUTION OF THE OVERSIGHT BOARD FOR THE SUCCESSOR
AGENCY TO THE REDEVELOPMENT AGENCY FOR THE CITY OF
AZUSA DIRECTING AND APPROVING THE CONVEYANCE OF 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, TO THE CITY OF AZUSA FOR
GOVERNMENTAL PURPOSES 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
WHEREAS, pursuant to Health and Safety Code Section 34173(d), the City of Azusa
(“City”) elected to serve as the Successor Agency (“Successor Agency”) to the Redevelopment
Agency for the City of Azusa (“Redevelopment Agency”); and
WHEREAS, the Oversight Board is the Successor Agency’s oversight board pursuant to
Health and Safety Code Section 34179(a); and
WHEREAS, the Successor Agency owns that certain real property located at 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, in the City of Azusa, California
(“Property”); and
WHEREAS, prior to the dissolution of the Redevelopment Agency, the Redevelopment
Agency transferred possession of the Property to the City; and
WHEREAS, The City has an existing Memorandum of Understanding (“MOU”) with
Foothill Transit, dated October 4, 2010, to construct a public parking structure, an electric bus
charging station, and bus bays and turnouts, on this Property; and
WHEREAS, the Successor Agency prepared and the Department of Finance (“DOF”)
approved a single property Long Range Property Management Plan that allows for the City to
retain ownership of the site and will lease the parking spaces to Foothill Transit; and
WHEREAS, 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; and
WHEREAS, the Successor Agency desires to convey the Properties to the City, and the
City desires to accept such conveyance of the Properties for purposes of ensuring that the
Property be used for a park-and ride facility for the Gold Line Station.
ATTACHMENT 1
NOW, THEREFORE, THE OVERSIGHT BOARD OF THE SUCCESSOR
AGENCY TO THE REDEVELOPMENT AGENCY FOR THE CITY OF AZUSA DOES
HEREBY RESOLVE AS FOLLOWS:
Section 1. Recitals. The Recitals set forth above are true and correct and are
incorporated into this Resolution by this reference.
Section 2. CEQA Compliance. The approval of the transfer of assets to the City of
Azusa does not commit the Oversight Board to any action that may have a significant effect on
the environment. As a result, such action does not constitute a project subject to the
requirements of the California Environmental Quality Act.
Section 3. Transfer of Properties to the City. The Oversight Board hereby directs
and approves the transfer of ownership to the City of the Properties, constituting properties of
the dissolved Redevelopment Agency that were constructed or used for a governmental
purpose, pursuant to Health and Safety Code Sections 34177 and 34181.
Section 4. Consistent with LRPMP. The Oversight Board hereby finds that the
disposition of the Property pursuant to the Agreement is consistent with and is for the purpose
of implementing the Long Range Property Management Plan previously approved by DOF for
the Property.
Section 5. Further Acts. The Oversight Board authorizes and directs the Successor
Agency to take any action necessary to carry out the purposes of this Resolution and the
disposition of the Property pursuant to this Resolution and the Agreement.
Section 6. Severability. If any provision of this Resolution or the application of
any such provision to any person or circumstance is held invalid, such invalidity shall not affect
other provisions or applications of this Resolution that can be given effect without the invalid
provision or application, and to this end the provisions of this Resolution are severable. The
Oversight Board declares that the Oversight Board would have adopted this Resolution
irrespective of the invalidity of any particular portion of this Resolution.
Section 7. Effective Date. This Resolution shall become effective immediately
upon its adoption.
APPROVED AND ADOPTED THIS 8th day of June, 2016.
__________________________________
Robert Gonzales, Chairperson
Oversight Board
Successor Agency to the Former Redevelopment Agency
of the City of Azusa
ATTEST:
___________________________________
Jeffrey Lawrence Cornejo, Jr.
Secretary
Oversight Board
Successor Agency to the Former Redevelopment Agency
of the City of Azusa
I, HEREBY CERTIFY that the foregoing Resolution No. OB-5-2016 was duly adopted
by the Board Members of the Oversight Board to the Successor Agency of the Former
Redevelopment Agency of the City of Azusa, at a special meeting thereof held on the 8th day of
June, 2016, by the following vote of Board Members:
AYES: BOARD MEMBERS:
NOES: BOARD MEMBERS:
ABSENT: BOARD MEMBERS:
___________________________________
Jeffrey Lawrence Cornejo, Jr.
Secretary
Oversight Board
Successor Agency to the Former Redevelopment Agency
of the City of Azusa
ATTACHMENT 2
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 3
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
45635.09000\28300685.2
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO AND
MAIL TAX STATEMENTS TO:
CITY OF AZUSA
City Manager
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,
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE
CITY OF AZUSA, a public body, corporate and politic ("Grantor")
hereby remises, releases, assigns and forever quitclaims to
CITY OF AZUSA, a California municipal corporation (“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: _____________________ Successor Agency to the Redevelopment Agency of
the City of Azusa, a public body, corporate and
politic
By: ____________________________________
Troy Butzlaff
Its: Executive Director
ATTACHMENT 4
45635.09000\28300685.2
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\28300685.2
EXHIBIT A TO
QUITCLAIM DEED
45635.09000\28300685.2
[APN’s 8608-025-903, 8608-025-904, 8608-025-905 and 8608-025-906]
45635.09000\28300685.2
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, as Successor Agency to the Redevelopment Agency of
the City of Azusa, a public body, corporate and politic CITY OF
AZUSA, a California municipal corporation
to: CITY OF AZUSA, a California municipal corporation ("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, a California municipal
corporation
By: ____________________________________
Troy Butzlaff
Its: City Manager
ATTEST:
___________________________
City Clerk