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HomeMy WebLinkAbout2012-43 Reconveyance of Prop to SA RESOLUTION NO. 2012-43 �� RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UHIAH AUTHORIZING � THE RECONVEYANCE OF PROPERTY TO THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF UHIAH WHEREAS, in furtherance of its effort to promote economic development and eliminate blight and in order to facilitate the implementation of the Redevelopment Plan of the former Ukiah Redevelopment Agency(URA),the URA conveyed certain parcels of real property to the City of iJkiah on Mazch 8,2011 as listed by Mendocino County Assessor Pazcel number and location on the attached spreadsheet ("Exhibit A") which is incorporated herein by this reference ("Non- Housing Transferred Properties"); and WHEREAS, on June 29,2011, AB xl 26 was enacted dissolving redevelopment agencies, as amended by AB 1484 enacted on June 27,2012 (collectively,the"Dissolution AcY'); and WFIEREAS, pursuant to Health and Safety Code Section 34173(d), the City of ilkiah elected to become the Successor Agency to the Community Redevelopment Agency of the CiTy of iJkiah by Resolution No. 2012-04 on January 9, 2012; and WHEREAS,the conveyance of the Non-Housing Transferred Properties to the City of Ukiah occurred on March 8, 2011 prior to the Dissolution Act; and `-1 WHEREAS, although transfer of the Non-Housing Transferred Properties were duly 1 approved and authorized prior to the enactrnent of the Dissolution Act, Section 34167.5 of the Dissolution Act retroactively invalidated all transfers of assets between a city and a redevelopment agency occiuring after January 1, 2011 that were not committed to a third party, and directed the State Controller to order such assets be retumed to the former redevelopment agency, or successor agency, if established; and WHEREAS, an order issued by California State Controller, John Chiang, was issued on April 20, 2�12 to rzcerse redevelopment asset trar,sfers pa:suant to �Iea:t�'�and Safety Code Section 34167.5, and Section 34178.8, added by AB 1484, and effective June 27, 2012, further empowers the State Controller's Office to review and determine if an asset transfer occurred after January 31, 2012; and WHEREAS, Secrions 34179.5 and 34179.6 provide that following review of a successor agency's cash assets, including the value of assets transferred from a former redevelopment agency to a city after January 1, 2011 and the verification that such funds have been returned to the former redevelopment agency, and full payment to the county auditor controller of unencumbered balances of former redevelopment agency funds required by Section 34177(d) of the Dissolution Act,the State Department of Finance shall issue a fmding of completion to a successor agency("Finding of Completion"); and � WHEREAS, obtaining a Finding of Completion will be beneficial to the City and the Successor Agency to the Redevelopment Agency of the City of Ukiah("Successor Agency"), as it will provide, among other things, greater flexibility and local benefits in connection with property disposition and may allow the Successor Agency to expend any unspent bond proceeds from bonds for the purposes for which the bonds were issued; and WHEREAS, in order to comply with the provisions of Section 34167.5 of the Dissolution J Act, and facilitate the Successor Agency's ability to obtain the Finding of Completion as soon as possible,the City Council wishes to retum to the Successor Agency all former Redevelopment Agency assets held by the City that have not been committed to a third parry and have not previously been transferred back to the Successor Agency; namely, the Non-Housing Transfened Properties; NOW,THEREFORE, BE IT RESOLVED by the City Council of the City of LJkiah as follows: 1. The City Council hereby fmds that the facts set forth in the recitals to this Resolution aze true and correct, and establish the factual basis for the City Council's adoption of this Resolution. 2. The City Council hereby acknowledges that due to the Dissolution Act's retroactive invalidation of transfers of the former Redevelopment Agency assets to the City occurring after January 1, 2011, the Non-Housing Transferred Properties aze vested with the Successor Agency. 3. The City Council hereby authorizes and directs the City Manager, or any other officer of the City designated by the City Manager, (each, an"Authorized Officer"), acting singly,to prepaze, execute and record such grant or quitclaim deeds, certificates of acceptance or other instruments that may be required to evidence and perform the reversal of transfer of the Non-Housing " � Transferred Properties by the former Redevelopment Agency to the CiTy and re-vesting of title to the Non-Housing Transferred Properties in the Successor Agency. 4. The City Council authorizes the City Manager to utilize and pay for such tifle and escrow services as aze necessary or convenient to assure that mazketable title to the Non-Housing Transferred Properties is conveyed to the Successor Agency. 5. This Resolution sha11 bzcarne effective inunediately upon its passage and adoption. PASSED, APPROVED AND ADOPTED at a regulaz meeting of the City Council of the City of ilkiah, on the 5�`day of December, 2012,by the following vote: AYES:Councilmember Thomas, Rodin, Baldwin, Crane, and Mayor Landis NOES:None ABSENT: None ABSTAIN:None - � M me Landis,Mayor TT � . B 'ng City Clerk l � Exhibit A: Ukiah Redevelopment Agency Non-Housing Trensferred Properties List APN Address Parcel Description � 002-192-01 289 North Main Street Parking Lot 002-265-09 300 South State Street Alex R.Thomas Plaza 180-080-57 Airport Park Blvd. Proposed Costco Property(in escrow) 180-080-58 Airport Park Blvd. Proposed Costco Property(in escrow) 180-080-59 Airport Park Blvd. Proposed Costco Property(in escrow) 180-080-62 Airport Park Blvd. Proposed Costco Property(in escrow) 180-080-63 Airport Park Blvd. Proposed Costco Property(in escrow) 180-080-64 Airport Park Blvd. Proposed Costco Property(in escrow) 180-080-65 Airport Park Blvd. Proposed Costco Property(in escrow) 180-080-66 Airport Park Blvd. Proposed Costco Property(in escrow) 180-080-67 Airport Park Blvd. Proposed Costco Property(in escrow) 180-110-08 Airport Park Blvd. Parcel 1; Partial Portion Proposed for Costco (in escrow) 180-110-09 Airport Park Blvd. Parcel 1;vacant 180-110-10 Airport Park Blvd. Parcel 1; Partial Portion Proposed for Costco(in escrow) 180-110-11 Airport Park Blvd. Vacant; across street from Costco site next to Mendocino Brewery 180-110-12 Airport Park Blvd. Vacant;South East of Mendocino Brewery; Partial Wetlands 180-110-13 Airport Park Blvd. Vacant;South East of Mendocino Brewery; Partial Wetlands 180-110-14 Airport Park Blvd. Reserved Public Road for Southern Airport Park Blvd. road; near MBC 180-110-15 Airport Park Blvd. Reserved Public Road for Southern Airport Park Blvd. road; near M`� J