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2013-09 RESOLUTION 2013 -09 A RESOLUTION OF THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF GRAND TERRACE TRANSFERRING THE PROPERTY INTENDED FOR THE GRAND TERRACE DOG PARK CONSISTING OF 0.35 ACRES TO THE CITY OF GRAND TERRACE AS A GOVERNMENTAL PARK USE WHEREAS, on June 9, 2009, the former redevelopment agency appropriated $85,000 to both purchase the property located at 22720 Vista Grande Way ("Property") and clear the land of an unfinished residence. The purchase was recommended to both eliminate a public nuisance in the neighborhood and to provide for open space or a public facility, and use of the land as a dog agility park was briefly discussed; WHEREAS, on June 25, 2009, and the Property was acquired by the former redevelopment agency for dog park purposes; WHEREAS, on September 8, 2009, the former redevelopment agency awarded a contract to Becko, Inc. for demolition and land clearing of the Property, and the Property was subsequently cleared; WHEREAS, on April 24, 2010, consistent with the original intention to build a dog agility park, the City hosted a fund raising kick-off event at the new dog park property and provided a conceptual layout of the future dog park and agility equipment; WHEREAS, in June 2010, the City and Foundation of Grand Terrace partnered on a community art project to benefit the new dog park by rising funds to purchase equipment and benches for the dog park; WHEREAS, the State Legislature dissolved redevelopment agencies by enacting Assembly Bill Nos. 1x 26 and 1484, relating to redevelopment dissolution, ("Dissolution Statutes") which became effective on June 28, 2011 and June 27, 2012, respectively; WHEREAS, pursuant to Section 34177(e) of the Health & Safety Code, the Successor Agency to the City of Grand Terrace is required to dispose of assets and properties of the former redevelopment agency as directed by the oversight board; provided, however, that the oversight board may instead direct the successor agency to transfer ownership of certain assets pursuant to subdivision (a) of Section 34181; WHEREAS, pursuant to Section 34181(a) the Oversight Board shall direct the Successor Agency to dispose of all assets and properties of the former redevelopment agency; provided, however, that the oversight board may instead direct the successor agency to transfer ownership of those assets that were constructed and used for a governmental purpose, such as roads, school buildings, parks, police and fire stations, libraries, and local agency administrative buildings, to the appropriate public jurisdiction Page 1 of 6 pursuant to any existing agreements relating to the construction or use of such an asset; WHEREAS, Health & Safety Code section 34191.3 authorizes the Successor Agency to transfer such properties currently, and anticipated to be, used for a valid governmental purpose; WHEREAS, the Property, with Assessor's Parcel Number 0276-462-10, is an asset of the Successor Agency. (Attached is Exhibit "1" further describing the Property); WHEREAS, the Property was acquired for the governmental purpose of a dog park, and, upon completion of improvements, will be used as a dog park; WHEREAS, the City is the appropriate public jurisdiction that should receive the Property, because it is the public jurisdiction that would use the Property for the described valid governmental purpose; WHEREAS, the Successor Agency desires to transfer the Property to the City as an acquired property for construction of a dog park that serves a valid governmental purpose; WHEREAS, the City desires to receive the Property from the Successor Agency so that it may continue to use the Property for its valid governmental purpose, WHEREAS, on May 14, 2013, the Successor Agency adopted a Resolution approving the transfer of 0.35 acres of land acquired for a valid governmental purpose of a park from the Successor Agency to the City of Grand Terrace Redevelopment Agency to the City of Grand Terrace; and WHEREAS, on June 5, 2013, the Oversight Board to the City of Grand Terrace Redevelopment Agency conducted a public hearing and concluded said hearing voting to adopt a Resolution approving the transfer of 0.35 acres of land acquired for a valid governmental purpose of a park from the Successor Agency to the former City of Grand Terrace Redevelopment Agency to the City of Grand Terrace. NOW THEREFORE, BE IT RESOLVED THAT THE OVERSIGHT BOARD OF SUCCESSOR AGENCY TO THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF GRAND TERRACE DOES RESOLVE, DETERMINE, FIND AND ORDER AS FOLLOWS: Section 1. The Oversight Board finds that all of the above recitals are true and correct and are incorporated herein by reference. Section 2. The Oversight Board finds that the Property is an asset of the Successor Agency that was acquired for a valid governmental purpose of a park. Section 3. The Oversight Board finds that, upon completion of certain improvements, the Property will be used for the valid governmental purpose, as Page 2 of 6 described and defined by Health & Safety Code sections 34181(a) and 34191.4, of a park. Section 4. The Oversight Board finds and determines that the City is the appropriate public jurisdiction to receive the Property, because it is the public jurisdiction that will engage in the described valid governmental purpose once improvements are complete. Section 5. The Oversight Board hereby approves the transfer of the Property and its relevant water shares in the Riverside Highland Water Company to the City as a property that is being used for the valid governmental use of a park as defined by the Health & Safety Code. Section 6. The Executive Director is hereby authorized to take all actions necessary to transfer the Property, further described in Exhibit "1 " to the City of Grand Terrace. This includes, but is not limited to, the transfer of any waters shares in the Riverside Highland Water Company associated with the Property. Section 7. The Oversight Board further directs and authorizes the Executive Director to take all necessary and required actions to carry out this Resolution, including but not limited to meeting the requirements of the relevant sections of the Health & Safety Code, or any other applicable law. This includes, but is not limited to, submission of this Resolution to the Department of Finance and any other relevant agencies pursuant to the Health & Safety Code. Section 8. This Resolution shall not be effective until 5 business days after its adoption or pursuant to the Health & Safety Code. PASSED, APPROVED AND ADOPTED by the Oversight Board for the Successor Atgency for the Grand Terrace Redevelopment Agency at a regular meeting held on the 5 day of June, 2013. h 4 Wa t tanckieivit Chair of the Oversight Board for the Community Redevelopment Agency of the City of Grand Terrace ATTEST: Secretary Page 3 of 6 I, TRACEY R. MARTINEZ, CITY CLERK of the City of Grand Terrace, acting as the Secretary to the Oversight Board for the Successor Agency to the Grand Terrace Redevelopment Agency do hereby certify that the foregoing Resolution was introduced and adopted at a regular meeting of the Oversight Board held on the 5th day of June, 2013 by the following vote: AYES: Board Members Miranda, Shields, Ferracone and Forbes; Vice-Chairman Saks and Chairman Stanckiewitz NOES: None ABSENT: Board Member Morga ABSTAIN: None � � 9 Tracey R. artinez, City k Page 4of6 Exhibit 1 Ptn. Visia Grande Tract, )A.S. 11/10 Lc 6 0271- 46 f ace ' YAL VA1 ' } f ; F APN D276-462-10 car 7A A i iJ1 f11.Ji.111 I11. J1. r � yI- I1 ly� i y� M cgAYp �E1PkAtf : PpAp Legal Description: PARCEL NO.1: THAT PORTION OF LOT 2, ACCORDING TO MAP OF VISTA GRANDE TRACT, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 17 OF MAPS, PAGE(S) 10, RECORDS OF SAID COUNTY: TOGETHER WITH THAT PORTION OF THE SOUTH 112 OF VISTA GRANDE WAY VACATED BY RESOLUTION OF BOARD OF SUPERVISORS OF SAN BERNARDINO COUNTY, RECORDED JULY 31, 1964 IN BOOK 6202, PAGE 577, OFFICIAL RECORDS OF SAID COUNTY, DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 2, BEING AN ANGLE POINT IN THE CENTER LINE OF SAID VACATED (VISTA GRANDE WAY) SHOWN ON SAID MAP: THENCE SOUTH 0 DEG, 14' 00" EAST, 68.57 FEET ON SAID CENTER LINE TO THE WESTERLY PROLONGATION OF THE NORTH LINE OF LAND DESCRIBED IN THE DEED TO SOUTHERN CALIFORNIA EDISON COMPANY, RECORDED JULY 27, 1962. IN AND NORTH LINE TO THE INTERSECTION OF A LINE PARALLEL WITH AND WESTERLY 160.00 FEET FROM THE WEST LINE OF THE EASEMENT DESCRIBED'IN THE DEED TO THE.COUNTY OF SAN BERNARDINO RECORDED OCTOBER 16, 1963, IN BOOK 6010, PAGE 285, OFFICIAL RECORDS, SAID INTERSECTION BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 0 DEG. 15' 23" WEST OF SAID PARALLEL LINE TO THE CENTER LINE OF SAID VISTA GRANDE WAY; THENCE NORTH 78 DEG, 33' 15" EAST ON SAID CENTER LINE TO ITS INTERSECTION WITH THE EAST LINE OF THE LAND VACATED BY THE ABOVE MENTIONED RESOLUTION; THENCE SOUTHERLY ALONG SAID EAST LINE AND ALONG THE WEST LINE OF SAID EASEMENT TO THE COUNTY OF SAN BERNARDINO, TO SAID NORTH LINE OF SOUTHERN CALIFORNIA EDISON COMPANY LAND; THENCE SOUTH 83 DEG. 57, 40" WEST, 160.82 FEET TO THE TRUE POINT OF BEGINNING. EXCEPT THE WEST 60.00 FEET THEREOF. Page 5 of 6 TOGETHER WITH THAT PORTION OF THE SOUTHEASTERLY 112 OF VISTA GRANDE WAY, VACATED, ADJOINING SAID LAND ON THE NORTH AND WEST WHICH WOULD NORMALLY PASS BY OPERATION OF LAW WITH A LEGAL CONVEYANCE OF SAID LAND. PARCEL NO2: THE WEST 80.00 FEET OF THAT PORTION OF LOT 2, ACCORDING TO MAP OF VISTA GRANDE TRACT, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA. AS PER PLAT RECORDED IN BOOK 17, OF MAPS, PAGE(S) 10, RECORDS OF SAID COUNTY; TOGETHER .WITH THAT PORTION IN THE SOUTH 112 OF VISTA GRANDE WAY VACATED BY RESOLUTION OF BOARD OF SUPERVISORS OF SAN BERNARDINO COUNTY, RECORDED JULY 31, 1964 IN BOOK 6202, PAGE 577, OFFICIAL RECORDS OF SAID COUNTY, DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 2, BEING AN ANGLE POINT IN THE CENTER LINE OF SAID VACATED ROADWAY (VISTA GRANDE WAY) SHOWN ON SAID MAP; THENCE SOUTH 0 DEG. 14' 00" EAST, 68.57 FEET ON SAID CENTER LINE TO THE WESTERLY PROLONGATION OF THE NORTH LINE OF LAND DESCRIBED IN THE DEED TO SOUTHERN CALIFORNIA EDISON COMPANY, RECORDED JULY 27, 1962, IN BOOK 5740, PAGE 831, OFFICIAL RECORDS; THENCE NORTH 83 DEG. 57' 40" EAST ON SAID PROLONGATION AND NORTH LINE TO THE INTERSECTION OF A LINE PARALLEL WITH AND WESTERLY 160.00 FEET FROM THE WEST LINE OF THE EASEMENT DESCRIBED IN THE DEED TO THE COUNTY OF SAN BERNARDINO, RECORDED OCTOBER 16, 1963 IN BOOK 6010, PAGE 285, OFFICIAL RECORDS, SAID INTERSECTION BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 0 DEG. 15' 23" WEST ON SAID PARALLEL LINE TO THE CENTER LINE OF SAID VISTA GRANDE WAY; THENCE NORTH 78 DEG. 33' 15" EAST ON SAID CENTER LINE TO ITS INTERSECTION WITH THE EAST LINE OF THE LAND VACATED BY THE ABOVE MENTIONED RESOLUTION; THENCE SOUTHERLY ALONG SAID EAST LINE. AND ALONG THE WEST LINE OF SAID EASEMENT TO THE COUNTY OF SAN BERNARDINO, TO SAID NORTH LINE OF SOUTHERN CALIFORNIA EDISON LAND; THENCE SOUTH 83 DEG. 57' 40"WEST, 160.82 FEET TO THE TRUE POINT OF BEGINNING. TOGETHER WITH THAT PORTION OF THE SOUTHEASTERLY 112 OF VISTA GRANDE WAY, VACATED, ADJOINING SAID LAND ON THE NORTH AND WEST WHICH WOULD NORMALLY PASS BY OPERATION OF LAW WITH A LEGAL CONVEYANCE OF SAID LAND, Page 6 of 6