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HomeMy WebLinkAboutSA RESO 2016-78V RESOLUTION NO. 2016 — 78 RESOLUTION OF THE SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY APPROVING A REAL PROPERTY PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS FOR THE SALE OF A CONDOMINIUM UNIT LOCATED AT 45 EAST 12TH STREET, NO. 401 IN NATIONAL CITY TO CENTRO INDY, LLC WHEREAS, the Community Development Commission as the National City Redevelopment Agency ("Redevelopment Agency") owned that certain real property generally consisting of an approximate 901 square foot condominium unit and two (2) parking spaces located at 45 E. 12th Street; #401 (Assessor's Parcel No. 556-554-22-43) within the City of National City, County of San Diego, State of California ("Property"); and WHEREAS, pursuant to California Health and Safety Code Section 34172, the Redevelopment Agency was dissolved by operation of law as of February 1, 2012, and pursuant to California Health and Safety Code Section 34173, the Successor Agency to the Community Development Commission as the National City Redevelopment Agency ("Successor Agency") became the successor agency and successor -in -interest to the Redevelopment Agency, confirmed by Resolution No. 2012-15 adopted on January 10, 2012, by the City Council of the City of National City ("City"); and WHEREAS, in accordance with California Health and Safety Code Section 34191.5, the Property was listed on Successor Agency's Revised Long Range Property l Management Plan ("LRPMP"), which provides that the Property is to be sold at fair market w/ value, and the LRPMP has been approved by the Oversight Board of the Successor Agency ("Oversight Board") and the California Department of Finance ("DOF"). The LRPMP provided that the estimate of current value of the Property was $195,000 based upon an appraisal by the Arens Group, Inc. dated September 6, 2011; and WHEREAS, Centro Indy, LLC ("Buyer") has made an offer to purchase the Property from Successor Agency at the Property's current "as is" fair market value of $325,000, and Successor Agency desires to sell the Property to Buyer pursuant to the terms and conditions of a proposed Real Property Purchase and Sale Agreement and Joint Escrow Instructions ("Agreement"). A copy of the proposed Agreement has been provided to the Successor Agency and the proposed Agreement will be submitted to the Oversight Board for review if approved by the Successor Agency; and WHEREAS, in accordance with the DOF-approved LRPMP, the net proceeds from the sale of the Property pursuant to the proposed Agreement will be distributed as property tax to each taxing entity in an amount proportionate to its share of property tax revenues; and WHEREAS, at its regular meeting on May 17, 2016, the Successor Agency met, and considered approving the Agreement and the sale of the Property as provided in the Agreement; and WHEREAS, a public notice was published in a newspaper of general circulation on May 6, 2016 providing notification of the public meeting of the Oversight Board on May 18, ( r 2016 in compliance with the requirements of Health and Safety Code Sections 34181(a) and v 34181(f); and Resolution No. 2016 — 78 illild Page Two May 17, 2016 WHEREAS, the transfer of real property is not a "Project" under section 15378 of the California Environmental Quality Act ("CEQA') Guidelines because the proposed action consists of administrative activity that will not result in direct or indirect physical changes to the environment and, as such, pursuant to section 15061(b)(3) of the CEQA Guidelines is not subject to CEQA. NOW, THEREFORE, BE IT RESOLVED by the Successor Agency as follows: SECTION 1. The Recitals set forth above are true and correct and are incorporated into this Resolution by reference. SECTION 2. The Successor Agency hereby approves of the terms of the Agreement. SECTION 3. The Successor Agency hereby approves of and directs the sale and conveyance of the Property from Successor Agency to Buyer in accordance with the terms and conditions set forth in the Agreement, subject to approval of the Agreement by the Oversight Board. SECTION 4. The Successor Agency hereby approves of the transfer of all of the net proceeds received from the sale of the Property and the distribution of such proceeds to the taxing entities, subject to approval of the Agreement by the Oversight Board. SECTION 5. The Successor Agency hereby authorizes and directs the Chairman or the Executive Director of the Successor Agency, or his or her designee, to execute the Agreement and any other documents necessary to carry out the sale of the Property and to take all actions and sign any and all documents necessary to implement and effectuate the Agreement and the actions approved by this Resolution as determined necessary by the Executive Director, or his or her designee, to execute all documents on behalf of the Successor Agency (including, without limitation, a grant deed), and to administer the Successor Agency's obligations, responsibilities and duties to be performed pursuant to this Resolution and the Agreement, subject to approval of the Agreement by the Oversight Board. SECTION 6. 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 City Council declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion of this Resolution. (Signatures page to follow) Resolution No. 2016 — 78 Iftow Page Three May 17, 2016 PASSED and ADOPTED this 17th day of May, 2016. IJ;ron Mo ison, Chairman ATTEST: n 4)"ea.GCu. Mich el R. Dalla, City Clerk as Secretary to the Successor Agency TO FOR is Gacitda Silva '%w Counsel Passed and adopted by the Successor Agency to the Community Development Commission as the Redevelopment Agency of the City of National City, California, on May 17, 2016 by the following vote, to -wit: Ayes: Boardmembers Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Chairman of the Successor Agency to the Community Development Commission as the Redevelopment Agency of the City of National City, California M P City Clerk Servi g as Secretary to the Successor Agency Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2016-78 of the Successor Agency to the Community Development Commission as the Redevelopment Agency of the City of National City, California, passed and adopted on May 17, 2016. 0 City Clerk Serving as Secretary to the Successor Agency Deputy