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2013-13 1 RESOLUTION 2013 - 13 A RESOLUTION OF THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE COMMUNITY REDEVELOPMENT AGENCY OF THE. CITY OF GRAND TERRACE TRANSFERRING THE PROPERTY CONTAINING . THE PICO PARK BASEBALL FIELD EXPANSION PATHWAY AND CONSISTING OF 0.47 ACRES TO THE CITY OF GRAND TERRACE WHEREAS, on November 9, 2010, the former communityredevelopment agency of the City of Grand.Terrace and the .City Council of the-City of Grand Terrace adopted Resolution No. 2010--08 and Resolution No. 2010-37, respectively, stating that the agency desired to construct and install public improvements consisting of a baseball. field and pathway to the baseball field in the former redevelopment project area; that the lack of public facilities and park improvements created blighting conditions and the baseball field facility improvements would benefit the project area and approved the construction of the baseball field facility; WHEREAS, on November 9, 2010, a Right of Entry Agreement for Baseball Field Access was. entered into between the former community redevelopment agency, City of Grand Terrace and Colton Joint Unified School District to allow the general public to cross school district property to access the new baseball field; WHEREAS, Exhibit A of the Right of Entry Agreement for Baseball Field Access entered into between the former community redevelopment agency, City of Grand Terrace and Colton Joint Unified School District to allow the general public to cross school district property to access the new baseball field depicts that access through the School District property connects to the pathway through the Agency_parcel leading to the baseball field; 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; Page 1 of 5 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 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 No. 1167-151-73 ("Property') is an asset of the =Successor Agency. (Attached is Exhibit I further describing the Property); WHEREAS, on October 6, 2011 a Notice of Completion was approved by the City Council and the baseball field and pathway has been used for park purposes and will continue to be used for park.purposes for the City of Grand Terrace; WHEREAS, the Property is currently being used for the valid governmental purpose providing access to a public park; WHEREAS, the.City is the appropriate public jurisdiction that.should:receive the Property, because it is the public jurisdiction that is using.the Property for the described valid governmental purpose; WHEREAS, the Successor Agency desires to transfer the Property to the City as a property constructed.and used for the City's 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 June 25; 2013, the Successor Agency adopted a Resolution -approving-the transfer of 2.51 acres of land containing the Pico Park Baseball Field from the Successor Agency to the City of Grand Terrace Redevelopment Agency to the City of Grand Terrace; and WHEREAS, on July 17, 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 2.51 acres of land containing the Pico, Page 2of5 Park Baseball Field 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 constructed and used for the current valid governmental purpose of a park. Section 3. The Oversight Board finds that, since completion of improvements in 2011, the Property has been used for the valid governmental purpose, as 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 is engaging in the described valid governmental purpose. 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." 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. Page 3of5 PASSED, APPROVED AND ADOPTED by the Oversight Board for the Grand Terrace Redevelopment Agency at a regular meeting held on the 17th day of July, 2013. alt Staff i z Chair of the Oversight Board for the Community Redevelopment Agency of the City of Grand Terrace, ATTEST: _ Secretary I, TRACEY R. MARTINEZ, CITY CLERK of the City of Grand-Terrace, acting as the Secretary. to the Oversight Board of 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 17th day of July, 2013 by the following vote: AYES: Board Members Forbes, Morga, Ferracone and Shields; Vice Chairman Saks NOES: ABSENT: Board Member Miranda and Chairman Stanckiewitz ABSTAIN: ,mac Tracey R. V.4tinez, City Clerk Page 4 of 5 i Exhibit 1 fi-40 15,6� AC. 1 I 129,85 (B,92 M) D� ) —I�op 971-A-M `Par.—No. 16 2.51 AC. w i 321.54 a „ 1167-151-73 C1 51 'I 4JU AC, Ytp 141.31-215 i9.15 AC, (4.2) Pnr Aa, 1 �., ml � m1 I --1 V ' I U3,94, 1 879'26oil F.4 G4 2!ff.65—�11 0; Legal Description: EAST RIVERSIDE LAND CO SUB E 1/2-LOT 42 SEC 5 TP 2S R 4W EX PTN LYING SLY FOL DESC LI COM PT E LI SD LOT 42 AND N R/W LI PICO IN THE STATE OF CALIFORNIA, COUNTY OF SAN BERNARDINO Page 5of5