Resolution Number 19-04-02-01RESOLUTION NO. 19-04-02-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO ACCEPTING TITLE TO CERTAIN
EASEMENTS FROM THE SUCCESSOR AGENCY TO THE SAN
JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY
WHEREAS, the City of San Juan Capistrano ("City") is a municipal corporation
organized and operating under the laws of the State of California; and,
WHEREAS, the Successor Agency to the San Juan Capistrano Community
Redevelopment Agency ("Successor Agency") is a public body corporate and politic,
organized and operating under Parts 1.8 and 1.85 of Division 24 of the California Health
and Safety Code, and the successor the former San Juan Capistrano Community
Redevelopment Agency ("former Agency") that was previously a community
redevelopment agency organized and existing pursuant to the Community
Redevelopment Law, Health and Safety Code Section 33000, et seq. ("CRL"); and,
WHEREAS, Assembly Bill x1 26 ("AB x1 26") added Parts 1.8 and 1.85 to
Division 24 of the California Health & Safety Code and which laws were modified, in part,
and determined constitutional by the California Supreme Court in the petition
Califomia Redevelopment Association, et al. v. Ana Matosantos, et al., Case No.
S194861 ("Matosantos Decision"), which laws and court opinion caused the dissolution
of all redevelopment agencies and winding down of the affairs of former redevelopment
agencies; thereafter, such laws were amended further by Assembly Bill 1484 ("AB 1484")
(together AB x1 26, the Matosantos Decision, and AB 1484 are referred to as the
"Dissolution Laws"); and,
WHEREAS, as of February 1, 2012, the former Agency was dissolved pursuant to
the Dissolution Laws and as a separate public entity, corporate and politic, the
Successor Agency administers the enforceable obligations of the former Agency and
otherwise unwinds the former Agency's affairs, all subject to the review and approval by
a seven -member oversight board ("Oversight Board"); and,
WHEREAS, the Successor Agency has identified two public parking easements
associated with properties described as APN 124-160-22 and 124-160-21 (collectively,
the "Easements") as governmental use assets, to be transferred to the City for
government use pursuant to Health and Safety Code Section 34181(a); and,
WHEREAS, the City desires to accept title to the Easements and authorize the
City Manager or his authorized designee to take such actions as may be necessary to
accomplish the conveyance of the Easements to the City; and,
WHEREAS, the acceptance of the Easements by the City complies with the CRL
and the Dissolution Laws and is in the best interests of the taxing entities.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO:
Section 1. The foregoing recitals are true and correct and constitute a
substantive part of this Resolution.
Section 2. The City Council hereby accepts title to the Easements. The Mayor,
the City Manager, the City Clerk and their authorized designees are authorized to execute
such instruments and take such other actions as may be necessary or appropriate to
accomplish the conveyance of the Easements to the City, including without limitation
paying fees and charges relating to escrow, title, recording and taxes, if applicable. The
City Manager and City Clerk and their authorized designees are further authorized and
instructed to review title to the Easements and obtain title insurance relating to the
conveyance of the Easements to the City, if and to the extent determined to be
appropriate by the City Manager.
Section 3. The Mayor shall sign the passage and adoption of this Resolution
and thereupon the same shall take effect and be in force.
APPROVED AND ADOPTED this 2nd day of April 2019.
BRI . MARYOTT, MAYOR
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
COUNTY OF SAN JUAN CAPISTRANO)
ss.
I, Maria Morris, appointed City Clerk of the City of San Juan Capistrano, do hereby certify
that the foregoing Resolution No. 19-04-02-01 was duly adopted by the
City C uncil of the City of San Juan Capistrano at a Regular meeting thereof, held the 2nd
day of April 20� 9, by the following vote:
AYES: CrCIL MEMBERS: Reeve, Taylor, Farias, Bourne and Mayor Maryott
NOES: Cdd NCIL MEMBERS: None
ABSENT:Z°dU CU MEMBFi$: None
CITY
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