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HomeMy WebLinkAbout25211' RESOLUTION NO. 25211 A RESOLUTION BY THE CITY COUNCIL- OF THE CITY OF PALM SPRINGS, ON BEHALF OF THE CITY AND ON BEHALF OF THE HOUSING SUCCESSOR AGENCY FOR THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, DECLARING REAL PROPERTY AS EXEMPT SURPLUS LAND (APN: 669- 353-001, 669-401-010, and 401-401-039) WHEREAS, the City of Palm Springs (the "City") is the owner in fee simple of that certain real property approximately 0.22 acres in size, with Assessor Parcel Number 669- 353-001 and located on Rosa Parks Road in the City, as further described and depicted in Exhibit "A" attached hereto and incorporated herein ("Parcel 1"); and WHEREAS, the City, as the Housing Successor Agency to the Community Redevelopment Agency of the City of Palm Springs, is the owner in fee simple of the following real property: (A) a parcel approximately 0.17 acres in size, with Assessor Parcel Number 669-401-010, located at 233 West Tramview Road in the City, as further described and depicted in Exhibit "B," attached and incorporated herein (Parcel 2"), and (B) a parcel approximately 0.21 acres in size, with Assessor Parcel Number 401-401-039, located on El Dorado Boulevard in the City, as further described and depicted in Exhibit "C," attached and incorporated herein ("Parcel 3"); WHEREAS, Parcel 1, Parcel 2, and Parcel 3 (collectively, the "Property") are each less than one half acre in area, or 21,780 square feet, and not contiguous to land owned by a state or local agency that is used for open -space or low- or moderate -income housing purposes; and � WHEREAS, the City and Housing Successor Agency no longer has any use for the Property; and WHEREAS, the Surplus Land Act, Government Code sections 54220 et seq. (the "Act"), applies when a local agency disposes of "surplus land," as that term is defined in Government Code section 54221; and WHEREAS, the Property is "surplus land" under the Act, because it is land owned in fee simple by the Agency and is not necessary for the Agency's use; and WHEREAS, the Property may be declared "exempt surplus land" under the Act if it is less than one-half acre in area and it is not contiguous to state or local agency property used for open -space or low- or moderate -income housing (Government Code section 54221(f)(1)(B)); and , ' WHEREAS, the Property may be declared as exempt surplus land by resolution of the City Council, acting for the City and as the Housing Successor Agency to the Community Redevelopment Agency for the City of Palm Springs. Resolution No. 25211 Page 2 of 6 NOW, THEREFORE, the City Council/Housing Successor Agency to the I Community Redevelopment Agency for the City of Palm Springs hereby declare as follows: SECTION 1. The above recitals are true and correct and are a substantive part of this Resolution. SECTION 2. The City, on its own behalf, and as the Housing Successor Agency to the gommunity Redevelopment Agency for the City f Palm Springs, has legal authority to declare, and hereby does declare, that (A) the roperty is surplus because it is no longer necessary for use by the City or the Housing Successor Agency, and (B) the Property is exempt surplus' property pursuant to California Government Code Section 54221, based on the findings set forth herein. SECTION 3. The Property is exempt surplus property under subdivision (f)(1)(B) of Government Code Section 54221 because Parcel 1, Parcel 2, and Parcel 3 are each smaller than one-half acre in area, and they are not contiguous to state or local agency property used for open -space or low- or moderate -income housing. In addition, the Property does not meet any criteria identified in Government Code section 54221(f)(2). SECTION 4. The Property is exempt surplus property for purposes of a transfer to a community land trust, provided that all of the requirements in subdivision (f)(1)(R) of Government Code Section 54221, and any implementing guidelines or regulations, are satisfied, including: (i) the Property is being developed for owner -occupied single-family ' dwellings, owner -occupied multifamily dwellings, member -occupied units in a limited equity housing cooperative, or rental housing; (ii) the improvements on the Property will be available for use and ownership or for rent by qualified persons, as defined in paragraph (6) of subdivision (c) of Section 214.18 of the Revenue and Taxation, Code; (iii) the Property is subject to a deed restriction or other instrument requiring a contract or contracts serving as an enforceable restriction on the sale or resale value of the owner - occupied units or affordability of rental units is recorded on or before the lien date following the acquisition of the property by the community land trust; and (iv) a copy of the deed restriction or other instrument is provided to the County Assessor. SECTION 5. Pursuant to the requirements of state and local law, the City may dispose of the Property pursuant to one or both of the exempt surplus land determinations set forth in Section 3 or Section 4, above. SECTION 6. If any section, subsection, paragraph, sentence, clause or phrase of this notice is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this notice. SECTION 7. The City Clerk, on behalf of the City and the Housing Successor Agency, shall certify to the adoption of this Resolution. SECTION 8. This Resolution shall be effective immediately upon approval. ' 55 575.18265\4227785 1.1 Resolution No. 25211 Page 3 of 6 ADOPTED THIS 23RD DAY OF MAY 2024. l d� Scott C. Stiles, City Manager ATTEST: �� 4 7t-e� Brenda F5ree, City Clerk CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS) I, BRENDA FREE, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 25211 is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on May 23, 2024, by the following vote: AYES: Councilmembers Garner, Holstege, Middleton, and Mayor Bernstein NOES: None ABSENT: Mayor Pro Tem deHarte ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this +k day of June 2024. rend ee, MMC, CERA, City Clerk City of Palm Springs 5557i18265\42277851.1 Resolution No. 25211 Page 4 of 6 Exhibit A Parcel 1 ,,,,((( 0.22 ACRES LOT 63 M1B 039/I058 PALM SPRINGS GATEWAY ESTATES MI. A G�ANDE IW '99'IN AVENIDA CERCA W AK SHdS ASTOA�RD�ASTGAT:ERO 543-I VENIOA CERCA yg0.3r,001 X3S1AK All STGATE-RD58. VENIDA CE. CA78AK 3f�8 ASTGA D .�BTGA E7D�i95 NTANA GG374H EASTGA ft0 Parca6 I � I 11 ✓ 3708MEAOOW IEW377 EASTGAT RD \ Part°Is: 3 86 EADOW IEw �370 EASTGA RDTr'If - RIDGE 589 LAS VEGAS R L�DPARKSR 370ATGA ER=—) U—i W Lna Va aA Rd �z I I ti _ R Y}1 ROSA PARKS 865 SA PAR SR � o 188 ATEWAY DR 866 ATEVVAJ ffR a IN Gateway DI w 555 Rosa) 69J GATl��G�.rI. d Ur.— v r,. IC R— APN: 669-353-001 669353001 ptt0FF4M5MN- P O BOX 2763 PALM SPRINGS CA 92263 LOT a3 o39d)58 ESTA WAy SPPINGS GATEWAY ESTATES 5 032G0 RIB 55575,18265\42277851A Resolution No 25211 Page 5 of 6 Exhibit B Parcel 2 233 West Tramview Road Palm Springs, California. 92262 LOT 295 MB 0241053 DESERT HIGHLAND ESTATES APN: 669-401-010 55575.18265412277851.1 Resolution No. 25211 Page 6 of 6 Exhibit C Parcel 3 West side of El Dorado Boulevard south of West Tramview Road Palm Springs, CA 92262 0.21 ACRES M/L IN POR LOT F AND LOT 38 MB 024/053 DESERT HIGHLAND ESTATES APN: 669-401-039 MI-1F1F1'*1I-At P13-191