HomeMy WebLinkAbout2011-03-15 - AGENDA REPORTS - REAL PROPERTY REVENUE TRANSFER (2)Agenda Item: 2
CITY OF SANTA CLARITA
AGENDA REPORT
PUBLIC HEARING City Manager Approval:
Item to be presented by:
DATE: March 15,, 2011
L
Darren Hernandez
SUBJECT: OLD TOWN NEWHALL LIBRARY, PROJECT F2007 — PUBLIC
HEARING TO CONSIDER TRANSFER OF FUNDS AND REAL
PROPERTY FROM THE REDEVELOPMENT AGENCY OF THE
CITY OF SANTA CLARITA TO THE CITY OF SANTA CLARITA
TO COMPLETE THE PROJECT AND ADOPTION OF
RESOLUTIONS MAKING FINDINGS IN SUPPORT THEREOF
DEPARTMENT: Administrative Services
RECOMMENDED ACTION
City Council
Conduct a joint public hearing with the Redevelopment Agency of the City of Santa Clarita
(Agency) to consider the transfer of the real property and the vacated public streets adjacent
thereto upon which the Old Town Newhall Library ("Project") is being constructed from the
Agency to the City. At the same public hearing, also consider the transfer of Agency bond
proceeds and Agency tax increment for an amount not to exceed $17,133,351.73 necessary
for the completion of the Project.
2. At the conclusion of the public hearing, adopt a resolution consenting to the transfer of real
property, bond proceeds, and tax increment revenues from the Redevelopment Agency of the
City of Santa Clarita to the City .for the purpose of constructing and completing the Old Town
Newhall Library project.
Redevelopment Agency:
I. Conduct a joint public hearing with the City of Santa Clarita (City) to consider the transfer of
the real property and the vacated public streets adjacent thereto upon which the Old Town
Newhall Library ("Project") is being constructed from the Agency to the City. At the same
MIT* NDI-M
public bearing, also consider the transfer of Agency bond proceeds and Agency tax
increment for an amount not to exceed $17,133,351.73 necessary for the completion of the
Project.
2. At the conclusion of the public hearing, adopt a resolution authorizing and directing the
transfer of real property, bond proceeds, and tax increment revenues from the Redevelopment
Agency of the City of Santa Clarita to the City for the purpose of constructing and
completing the Old Town Newhall Library project.
BACKGROUND
On November 22, 2005, the City Council approved the Downtown Newhall Specific Plan
(DNSP). During that meeting, the City Council also certified the Environmental Impact Report
that examined the many attributes of the DNSP's vision and determined the benefits of
implementing the plan would be substantial for the entire community. The DNSP was adopted to
transform Old Town Newhall into a thriving, mixed-use, pedestrian -oriented urban village with a
series of economic engines. The DNSP identifies a public library to visually anchor and define
the north end of Main Street.
After meeting with representatives from the City Council, Agency, and Newhall community, and
incorporating ideas from each, the City Council and Redevelopment Agency approved the
architectural design for the construction of a 30,000 -square -foot, two-story public library in Old
Town Newhall on May 11, 2010. The new library will be of steel moment frame construction,
certified as Leadership in Energy and Environmental Design (LEED) Silver, on a 2.65 -acre site,
including site grading and a landscaped parking lot.
On June 9, 2009, the City Council approved the resolution authorizing the City to apply for the
Energy Efficiency and Conservation Block Grant (EECBG) to the United States Department of
Energy through the American Recovery and Reinvestment Act (ARRA). The City received grant
funds for several energy-efficient programs including $520,230 for the Old Town Newhall
Library.
On December 14, 2010, the City Council and Agency approved resolutions for the funding of the
construction of the Project, as well as approved contracts for the construction of the library.
On February 23, 2011 draft State legislation was released in connection with the State's ongoing
budget negotiations and deliberations that if adopted would sunset redevelopment agencies.
Such legislation is drafted as urgency legislation, meaning that if adopted by the requisite number
of votes, the legislation would take effect immediately and would place a moratorium on further
action by the Agency until July 1, when the Agency would sunset under the terms of the
legislation.
Such legislation would likely be the subject of litigation up and down the state and the ultimate.
fate of such legislation might be tied up for years in the court system. Even without legal
challenge, the mere implementation of such legislation may take years.
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Staff is concerned that as :presently drafted, the legislation is broad enough to impede future
actions of the Agency with respect to the Old Town Newhall Library Project, including, but not
limited to, future disbursements of bond proceeds and tax increment for payment for construction
of the Project, as well as the future transfer of real property from the Agency to the City.
Accordingly, staff is requesting that the City Council and Agency Board conduct a public hearing
and thereafter adopt the attached resolutions authorizing the transfer of the Library site to the
City at this time, as well as the transfer of bond proceeds and tax increment from the Agency to
the City in a sufficient amount to complete the construction of the Library Project.
ALTERNATIVE ACTIONS
Other action as determined by the Redevelopment Agency or City Council.
FISCAL IMPACT
The amounts to be transferred from the Agency to the City for construction of the Library Project
have already been budgeted. The proposed actions will simply effectuate transfer of the
construction funds for an amount not to exceed $17,133,351.73 into the City's Public Library
Fund account F2007309-5161-001 so that disbursements for construction services can be made
by the City from such account, rather than from Agency accounts. The proposed actions do not
increase the budget for this project. Transfer of title to the real property and the vacated public
streets adjacent thereto will not have any fiscal impact.
ATTACHMENTS
Resolution - City Council
Resolution - Redevelopment Agency
Location Map
Quitclaim Deed
r ��
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA CLARITA, CALIFORNIA, CONSENTING TO THE TRANSFER OF REAL
PROPERTY, BOND PROCEEDS AND TAX INCREMENT REVENUES FROM THE
REDEVELOPMENT AGENCY OF THE CITY OF SANTA CLARITA TO THE CITY FOR
THE PURPOSE OF CONSTRUCTING AND COMPLETING THE OLD TOWN NEWHALL
LIBRARY PROJECT
WHEREAS, the Redevelopment Agency of the City of Santa Clarita (Agency) is a public
body, corporate and politic, duly established and authorized to transact business and exercise
powers under and pursuant to the provisions of the Community Redevelopment Law of the State
of California (Law), constituting Part 1 of Division 24 of the Health and Safety Code of the Law,
including the power to expend funds for public improvements for the benefit of the Newhall
Redevelopment Project Area (Project Area); and
WHEREAS, the City of Santa Clarita is the legislative body for the community in which
the Project Area is located; and
WHEREAS, on November 22, 2005, the City Council approved the Downtown Newhall
Specific Plan (DNSP). During that meeting, the City Council also certified the Environmental
Impact Report that examined the many attributes of the DNSP's vision and determined the
benefits of implementing the plan would be substantial for the entire community. The DNSP was
adopted to transform Old Town Newhall into a thriving; mixed-use, pedestrian -oriented urban
village with a series of economic engines. The DNSP identifies a public library to visually anchor
and define the north end of Main Street; and
WHEREAS, after meeting with representatives from the City Council, Agency, and
Newhall community, and incorporating ideas from each, the City Council and Redevelopment
Agency approved the architectural design for the construction of a 30,000 -square -foot, two-story
public library in Old Town Newhall on May 11, 2010. The new library will be of steel moment
frame construction, certified as Leadership in Energy and Environmental Design (LEED) Silver,
on a 2.65 -acre site, including site grading and a landscaped parking lot; and
WHEREAS, the provision of ,public improvements is consistent with the Agency's
Five -Year Implementation Plan in that construction of the Old Town Newhall Public Library
(Project) constitutes a project listed in the Plan to transform Old Town Newhall into a thriving,
mixed-use, pedestrian -oriented urban village with a series of economic engines that visually
anchors and defines the north end of Main Street, meeting the goals and objectives of the Plan;
and
WHEREAS, the Agency has recently completed assembly of the complete Project site,
consisting of 24513, 24522, 24533, and 24535 .Railroad Street; 24515, 24519, 24527, and 24509
Spruce Street; Assessors parcels numbered 2831-006-900, 2831-006-904, 2831-006-905,
2831-006-003, 2831-006=901, 2831-006-028, 2831-006-902, 2831-006-903, 2831-006-906; and
v�,
the vacated ,public streets adjacent thereto (collectively the Site); and
WHEREAS, acquisition cost for the above -referenced real properties totals
$6,512,230.67. Of that amount, $782,326 was paid for with Agency tax increment funds. The
balance of $5,729,904.67 was paid for with Agency bond proceeds. The total cost of the use of
such bond proceeds for the land acquisition (proceeds plus interest over the life of the bonds) is
$11,646,122.95. Such interest is paid with Agency tax increment; and
WHEREAS, in addition to land acquisition costs, to date, $5,148,223.60 in Agency bond
proceeds has been spent in pre -construction activities including, but not limited to, design,
engineering, installation of a new waterline, utility relocations, rough grading, street
improvements and staff oversight; and
WHEREAS, the remaining budget to construct the Library Project to completion is
$17,133,351.73. Of this amount, $165,480 is budgeted to come from tax increment, while
$16,967,871.73 is budgeted to be paid for with bond proceeds. The total cost of the use of such
bond proceeds for the construction of the Library Project (proceeds plus interest over the life of
the bonds) is $49,649,261.02. Such interest is paid with Agency tax increment; and
WHEREAS the City Council and Agency Board on December 14, 2010, made the
following findings with respect to the construction of the Project:
a. The Project is of benefit to the Project Area as there are inadequate public facilities
within the Project Area and the construction of a public library will provide those
needed public facilities; and
b. No other reasonable means of financing the Project are available to the community as
the City is using its funds to undertake other public improvements throughout the
City; and
c. The payment of funds for the Project will assist in the elimination of blighting
conditions inside the Project Area and once complete, the Project will assist in
attracting new businesses and residential developments to the area as the Project will
be a positive public amenity within the Project Area; and
d. The use of Agency funds for the construction of the Project is consistent with the
Agency's adopted implementation plan per Health and Safety Code Section 33490,-
and
3490;and
WHEREAS the Agency is authorized, pursuant to the California Redevelopment Law and
with the consent of the City to expend Agency tax increment and bond :proceeds for the
construction of public facilities and to acquire real property for the same and dedicate or
otherwise transfer such real property to the City; and
WHEREAS legislation recently released by the State of California, if adopted, could
effectuate a moratorium on further actions by the Agency with respect to disbursements of funds
for construction of the Project and any transfer of the Project site to the City, notwithstanding
2 — ,j
that the City and Agency have been planning the Project for over five years and have each taken
numerous actions to implement same; and
WHEREAS, transfer of Agency tax increment and bond proceeds, as well as the Project
site to the City at this time is necessitated by the actions of the State to avoid frustration of the
City's and Agency's objectives with respect to the Project, as well as to avoid negative impacts
to the Project Area and the City as a whole.
NOW, THEREFORE, the City Council of the City of Santa Clarita does hereby resolve as
follows:
SECTION 1. Recitals. The City Council hereby finds that the above recitals are true and
correct and incorporates them herein.
SECTION 2. City Consent to Transfer of Real Propy
ert. The City Council hereby
consents to the transfer of the Site to the City by deed from the Agency to the City, and without
.payment therefore, as the consideration for the transfer will be the ongoing operation of the
Library, which will assist in the elimination of blight. The Council finds and determines that
those findings that support the use of Agency bond proceeds and tax increment for construction
of the Project also support the use of same for acquisition of the Site and transfer of the Site to
the City without monetary consideration. The Mayor, City Manager, and City Clerk are
authorized and directed to execute such instruments and take such actions as are necessary to
effectuate the transfer of Title from the Agency to the City. The deed shall include the required
redevelopment law non-discrimination covenants.
SECTION 3. City Consent to Transfer of Construction Funds. The City Council
consents to receipt of Agency bond proceeds and tax increment funds in the amount not to
exceed $17,133,351.73 to be held and appropriated by the City for construction of the Library
Project, including site grading, landscaped parking lot, architectural design and construction
support services, geotechnical and soils testing services, construction staking, environmental
consulting services, materials testing services, construction inspection services, environmental
support services, project support services, and labor compliance services. To the extent that
excess funds exist after completion of the Library Project, the City shall remit such funds back to
the Agency. To the extent that additional Agency funds are required for completion of the
Library Project, nothing in this resolution is intended to prohibit a further transfer of funds upon
approval of the Agency Board and City Council.
SECTION 4. Effective Date. This Resolution shall take effect from and after its date of
,passage, approval, and adoption.
SECTION 5. Certification. The City Clerk shall certify to the adoption of this
Resolution.
PASSED, APPROVED AND ADOPTED this 15th day of March, 2011.
MAYOR
ATTEST:
CITY CLERK
IT
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES .) ss.
CITY OF SANTA CLARITA )
I, Kevin Tonoian, Acting City Clerk of the City of Santa Clarita, do hereby certify that the
foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a
special meeting thereof, held on the 15th day of March, 2011, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
CITY CLERK
4 _ `—
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA
CERTIFICATION OF
CITY COUNCIL RESOLUTION
I, , City Clerk of the City of Santa Clarita, do hereby
certify that this is a true and correct copy of the original Resolution No. , adopted by the
City Council of the City of Santa Clarita, California on March 15, 2011, which is now on file in
my office.
Witness my hand and seal of the City of Santa Clarita, California, this _ day of 20
City Clerk
By
Deputy City Clerk
RESOLUTION NO. 'RDA
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SANTA
CLARITA, AUTHORIZING AND 'DIRECTING THE TRANSFER OF REAL PROPERTY,
BOND PROCEEDS AND TAX INCREMENT REVENUES FROM THE REDEVELOPMENT
AGENCY OF THE CITY OF SANTA CLARITA TO THE CITY FOR THE PURPOSE OF
CONSTRUCTING AND COMPLETING THE OLD TOWN NEWHALL LIBRARY PROJECT
WHEREAS, the Redevelopment Agency of the City of Santa Clarita (Agency) is a public
body, corporate and politic, duly established and authorized to transact business and exercise
powers under and pursuant to the provisions of the Community Redevelopment Law of the State
of California (Law), constituting Part 1 of Division 24 of the Health and Safety Code of the Law,
including the power to expend funds for public improvements for the benefit of the Newhall
Redevelopment Project Area (Project Area); and
WHEREAS, the City of Santa Clarita is the legislative body for the community in which
the Project Area is located and is required to consent to payments to be made by its Agency for
the acquisition and construction of public facilities; and
WHEREAS, on November 22, 2005, the City Council approved the Downtown Newhall
Specific Plan (DNSP). During that meeting, the City Council also certified the Environmental
Impact Report that examined the many attributes of the DNSP's vision and determined the
benefits of implementing the plan would be substantial for the entire community. The DNSP was
adopted to transform Old Town Newhall into a thriving, mixed-use, pedestrian -oriented urban
village with a series of economic engines. The DNSP identifies a public library to visually anchor
and define, the north end of Main Street; and
WHEREAS, after meeting with representatives from the City Council, Agency, and
Newhall community, and incorporating ideas from each, the City Council and Redevelopment
Agency approved the architectural design for the construction of a 30,000 -square -foot, two-story
public library in Old Town Newhall on May 11, 2010. The new library will be of steel moment
frame construction, certified as Leadership in Energy and Environmental Design (LEED) Silver,
on a 2.65 -acre site, including site grading and a landscaped parking lot; and
WHEREAS, the provision of public improvements is consistent with the Redevelopment
Project's Five -Year Implementation Plan in that construction of the Old Town Newhall Public
Library (Project) constitutes a project listed in the Plan to transform Old Town Newhall into a
thriving, mixed-use, pedestrian -oriented urban village with a series of economic engines that
visually anchors and defines the north end of Main Street, meeting the goals and objectives of the
Plan; and
WHEREAS, the Agency has recently completed assembly of the complete Project site,
consisting of 24513, 24522, 24533, and 24535 Railroad Street; 24515, 24519, 24527, and 24509
Spruce Street; Assessors parcels numbered 2831-006-900, 2831-006-904, 2831-006-905,
2831-006-003, 2831-006-901, 2831-006-028, 2831-006-902, 2831-006-903, 2831-006-906; and
the vacated public streets adjacent thereto (collectively the Site); and
WHEREAS, acquisition cost for the above -referenced real properties totals
$6,512,230.67. Of that amount, $782,326 was paid for with Agency tax increment funds. The
balance of $5,729,904.67 was paid for with Agency bond proceeds. The total cost of the use of
such bond proceeds for the land acquisition (proceeds plus interest over the life of the bonds) is
$11,646,122.95. Such interest is paid with Agency tax increment; and
WHEREAS, in addition to land acquisition costs, to date, $5,148,223.60 in Agency bond
proceeds has been spent in pre -construction activities including, but not limited to, design,
engineering, installation of a new waterline, utility relocations, rough grading, street
improvements and staff oversight; and
WHEREAS, the remaining budget to construct the Library Project to completion is
$17,133,351.73. Of this amount, $165,480 is budgeted to come from tax increment, while
$16,967,871.73 is budgeted to be paid for with bond proceeds. The total cost of the use of such
bond proceeds for the construction of the Library Project (proceeds plus interest over the life of
the bonds) is $49,649,261.02.. Such interest is paid with Agency tax increment; and
WHEREAS the Agency Board and City Council on December 14, 2010, made the
following findings with respect to the construction of the Project:
a. The Project is of benefit to the Project Area as there are inadequate public facilities
within the Project Area and the construction of a public library will provide those
needed public facilities -'and
b. No other reasonable means of financing the Project are available to the community as
the City is using its funds to undertake other public improvements throughout the
City; and
c. The payment of funds for the Project will assist in the elimination of blighting
conditions inside the Project Area and once complete, the Project will assist in
attracting new businesses and residential developments to the area as the Project will
be a positive public amenity within the Project Area; and
d. The use of Agency funds for the construction of the Project is consistent with the
Agency's adopted implementation plan ,per Health and Safety Code Section 33490;
and
WHEREAS the Agency is authorized, pursuant to the California Redevelopment Law and
with the consent of the City to expend Agency tax increment and bond proceeds for the
construction of public facilities and to acquire real property for the same and dedicate or
otherwise transfer such real property to the City; and
WHEREAS legislation recently released by the State of California, if adopted, could
effectuate a moratorium on further actions by the Agency with respect to disbursements of funds
for construction of the Project and any transfer of the Project site to the City, notwithstanding
2 — lam'
that the City and Agency have been planning the Project for over five years and have each taken
numerous actions to implement same; and
WHEREAS, transfer of Agency tax increment and bond proceeds, as well as the Project
site to the City at this time is necessitated by the actions of the State to avoid frustration of the
City's and Agency's objectives with respect to the Project, as well as to avoid negative impacts
to the Project Area and the City as a whole.
NOW, THEREFORE, the Redevelopment Agency of the City of Santa Clarita does
hereby resolve as follows:
SECTION 1. Recitals. The Agency Board hereby finds that the above recitals are true
and correct and incorporates them herein.
SECTION 2. Agency Authorization and Direction to Transfer of Real Property. The
Agency Board hereby commits the bond proceeds and tax increment utilized to acquire the Site
by authorizing and directing the transfer of the Site to the City by deed from the Agency to the
City without payment therefore, as the consideration for the transfer will be the ongoing
operation of the Library, which will assist in the elimination of blight. The Agency Board finds
and determines that those findings that support the use of Agency bond proceeds and tax
increment for construction of the Project also support the use of same for acquisition of the Site
and transfer of the Site to the City without monetary consideration. The Agency Chairperson,
Executive Director, and Secretary are authorized and directed to execute such instruments and
take such actions as are necessary to effectuate the transfer of Title from the Agency to the City.
The deed shall includethe required redevelopment law non-discrimination covenants.
SECTION 3. Agency Authorization and Direction to Transfer of Construction Funds.
The Agency Board hereby commits bond proceeds and tax increment in the amount not to exceed
$17,133,351.73 by authorizing and directing the transfer of same to the City to be held and
appropriated for construction of the Library Project, including site grading, landscaped parking
lot, architectural design and construction support services, geotechnical and soils testing services,
construction staking, environmental consulting services, materials testing services, construction
inspection, services, environmental support services, project support services, and labor
compliance services. To the extent that excess funds exist after completion of the Library
Project, the City shall remit such funds back to the Agency. To the extent that additional Agency
funds are required for completion of the Library Project, nothing in this resolution is intended to
prohibit a further transfer of funds upon approval of the Agency Board and City Council.
SECTION 4. Effective Date. This Resolution shall take effect from and after its date of
passage, approval, and adoption.
SECTION 5. Certification. The Secretary shall certify to the adoption of this
Resolution.
PASSED, APPROVED AND ADOPTED this 15th day of March, 2011.
CHAIR
ATTEST:
AGENCY SECRETARY
DATE:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
I, Kevin Tonoian, Acting Agency Secretary of the Redevelopment Agency of the City of
Santa Clarita, do hereby certify that the foregoing Resolution was duly adopted by the
Redevelopment Agency of the City of Santa Clarita at a special meeting thereof, held on the 15th
day of March 2011, by the following vote:
AYES: AGENCY MEMBERS:
NOES: AGENCY MEMBERS:
ABSENT: AGENCY MEMBERS:
AGENCY SECRETARY
4 -1-2- -
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA
CERTIFICATION OF
REDEVELOPMENT AGENCY RESOLUTION
I, , Agency Secretary of the Redevelopment Agency of the
City of Santa Clarita, do hereby certify that this is a true and correct copy of the original
Resolution No. RDA , adopted by the Redevelopment Agency of the City of Santa Clarita,
California on March 15, 2011, which is now on file in my office.
Witness my hand and seal of the City of Santa Clarita, California, this _ day of 20
Agency Secretary
By
Deputy Secretary
-13-
,jy_
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City of Santa Clarita
23920 Valencia Boulevard, Suite 300
Santa Clarita, CA 91355
Attention: City Manager
APN: [SPACE ABOVE FOR RECORDER'S USE ONLY]
QUITCLAIM DEED
THE UNDERSIGNED GRANTOR DECLARES AS FOLLOWS:
The undersigned declares that this Quitclaim Deed is exempt from Recording Fees
pursuant to California Government Code Section 27383 and exempt from Documentary Transfer
Tax pursuant to California Revenue and Taxation Code Section 11922.
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged the
REDEVELOPMENT AGENCY OF THE CITY OF SANTA CLARITA, a public body,
corporate and politic ("Grantor") hereby REMISES, RELEASES AND FOREVER
QUITCLAIMS to CITY OF SANTA CLARITA, a municipal corporation ("Grantee"), certain
real property located in the County of Los Angeles, State of California, more particularly
described on Exhibit A and depicted on Exhibit B attached hereto and incorporated herein by
reference ("Property").
1. Grantee, on behalf of itself and its successors and assigns, covenants and agrees
not to discriminate upon the basis of race, color, religion, sex, sexual orientation, marital status,
national origin, ancestry, familial status, source of income, or disability in the sale, lease,
sublease, transfer or rental or in the use, occupancy, tenure or enjoyment of the Property or any
improvements thereon. Each and every deed, lease and contract entered into with respect to the
Property shall contain or be subject to substantially .the following nondiscrimination or
nonsegregation clauses:
a. In deeds: "The grantee herein covenants by and for himself or herself, his
or her heirs, executors, administrators, and assigns, and all persons claiming under or
through them, that there will be no discrimination against or segregation of, any person or
group of persons on account of any basis listed in subdivision (a) or (d) of section 12955
of the Government Code, as those bases are defined in sections 12926, 12926. 1,
subdivision (m) and paragraph (1) of subdivision (p) of section 12955, and section
12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy,
tenure, or enjoyment of the premises .herein conveyed, nor shall the grantee or any person
claiming under or through him or her, establish or permit any practice or practices of
discrimination or segregation with reference to the selection, location, number, use or
LA #4822-6807-8088 0
occupancy of tenants, lessees, subtenants, sublessees, or vendees in the premises herein
conveyed. The foregoing covenants shall run with the land."
b. In leases: "The lessee herein covenants by and for himself or herself, his
or her heirs, executors, administrators, and assigns, and all persons claiming under or
through him or her, and this lease is made and accepted upon and subject to the following
conditions: That there shall be no discrimination against or segregation of any person or
group of persons, on account of any basis listed in subdivision (a) or (d) of section 12955
of the Government Code, as those bases are defined in sections. 12926, 12926.1,
subdivision (m) and paragraph (1) of subdivision (p) of section 12955, and section
12955.2 of the Government Code, in the leasing, subleasing, transferring, use, occupancy,
tenure, or enjoyment of the premises herein leased nor shall the lessee himself or herself,
or any person claiming under or through him or her, establish or permit any such practice
or practices of discrimination or segregation with reference to the selection, location,
number, use, or occupancy, of tenants, lessees, sublessees, subtenants, or vendees in the
premises herein leased."
C. In contracts: "There shall be no discrimination against or segregation of
any person or group of persons, on account of any basis listed in subdivision (a) or (d) of
section 12955 of the Government Code, as those bases are defined in sections 12926,
12926.1, subdivision (m) and paragraph (1) of subdivision (p) of section 12955, and
section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use,
occupancy, tenure or enjoyment of the premises, nor shall the transferee himself or
herself or any person claiming under or through him or her, establish or permit any such
practice or practices of discrimination or segregation with reference to the selection,
location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees
of the premises."
2. No violation or breach of the covenants, conditions, restrictions, provisions or
limitations contained in this Quitclaim Deed shall defeat or render invalid or in any way impair
the lien or charge of any mortgage, deed of trust or other financing or security instrument
recorded against the Property, provided, however, that any successor of Grantee to the Property
shall be bound by such remaining covenants, conditions, restrictions, limitations and provisions,
whether such successor's title was acquired by foreclosure, deed in lieu of foreclosure, trustee's
sale or otherwise.
3. The covenants against discrimination, as set forth in paragraph 1, shall remain in
effect in perpetuity.
LA #4822-6807-8088 v1
IN WITNESS WHEREOF, the Grantor and Grantee have caused this instrument to be
executed on their behalf by their respective officers thereunto duly authorized as of the dates set
forth below.
Dated: March 15, 2011
ATTEST:
Secretary
APPROVED AS TO FORM:
Joseph Montes, General Counsel
LA #4822-6807-8088 v1
REDEVELOPMENT AGENCY OF
THE CITY OF SANTA CLARITA, a
public body, corporate and politic
By:
Kenneth Pulskamp, Executive Director
[notary acknowledgement required]
"GRANTOR"
-/ 1
The provisions of this Quitclaim Deed are hereby approved and accepted.
CITY OF SANTA CLARITA, a municipal
corporation of the State of California
Dated: March 15, 2011 By:
Marsha McLean, Mayor
[notary acknowledgement required]
"GRANTEE"
ATTEST:
Kevin Tonoian, Acting City Clerk
APPROVED AS TO FORM:
Joseph Montes, City Attorney
LA #4822-6807-8088 v1
STATE OF CALIFORNIA
ss.
COUNTY OF
On before me,
a notary public, personally appeared
who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Notary Public
SEAL:
STATE OF CALIFORNIA )
ss.
COUNTY OF )
On , before me,
a notary public, personally appeared
who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Notary Public
SEAL:
LA 44822-6807-8088 v
CERTIFICATE OF ACCEPTANCE
(California Government Code Section 27281)
This is to certify that the interest in real property conveyed to the City of Santa Clarita by that
certain Quitclaim Deed dated March 15, 2011, executed by the Redevelopment Agency of the
City of Santa Clarita is hereby accepted by the undersigned office on behalf of the City of Santa
Clarita pursuant to the authority conferred 'by the City of Santa Clarita at the City Council
meeting held on March 15, 2011, and the grantee consents to recordation thereof .by its duly
authorized officer.
Dated: March 15, 2011
CITY OF SANTA CLARITA,
a municipal corporation
By:
Name: Kenneth R. Pulskamp
Title: City Manager
LA #4822-6807-8088 v1
—20.-
. EXHIBIT "A"
LEGAL DESCRIPTION
FOR OLD TOWN NEWHALL PUBLIC LIBRARY SITE
THOSE PORTIONS OF BLOCKS 9 AND 10, AND A PORTION OF SPRUCE STREET LYING BETWEEN
SAID BLOCKS, OF THE TOWN OF NEWHALL, CITY OF SANTA CLARITA, COUNTY OF LOS ANGELES,
STATE OF CALIFORNIA, AS SHOWN ON THE MAP FILED IN BOOK 53 PAGES 21 AND 22 OF .
MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
DESCRIBED AS FOLLOWS:
ALL OF LOTS 1 THROUGH 21, INCLUSIVE, AND LOTS 23 AND 24 OF SAID BLOCK 9 AND THAT
PORTION OF THE ALLEY ADJOINING SAID LOTS VACATED BY ORDER OF THE BOARD OF
SUPERVISORS OF SAID COUNTY, RECORDED IN BOOK 930, PAGE 168 OF OFFICIAL RECORDS IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; ALL OF LOTS 5 THROUGH 12,
INCLUSIVE, OF SAID BLOCK 10; AND THAT PORTION OF SAID SPRUCE STREET.ADJOINING LOTS 13
THROUGH 20, INCLUSIVE, OF SAID BLOCK 9 AND ADJOINING LOTS 5 THROUGH 12; INCLUSIVE, OF
SAID BLOCK 10 VACATED BY RESOLUTION NO. 10-74 OF THE CITY COUNCIL OF SAID CITY,
RECORDED SEPTEMBER 17, 2010, AS INSTRUMENT NO. 2010-1322561 IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY.
THE ABOVE-DESCRIBED PARCEL CONTAINS 2.65 ACRES GROSS, 2.17 ACRES NET, OF LAND, MORE
OR LESS.
PORTIONS OF THE ABOVE-DESCRIBED PARCEL LIE WITHIN THE EXISTING RIGHT-OF-WAYS OF
LYONS AVENUE, RAILROAD AVENUE, 11TH STREET, AND SPRUCE STREET.
TOGETHER WITH A NON-EXCLUSIVE EASEMENT FOR PARKING, INGRESS AND EGRESS, AND
RELATED PUBLIC IMPROVEMENTS OVER ALL OF LOT 4 AND A PORTION OF LOT 3 OF SAID BLOCK
10, AS DESCRIBED IN THE GRANT OF EASEMENT RECORDED FEBRUARY 8, 2010, AS INSTRUMENT
NO. 2010-0175493 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
DATED MARCH 9, 2011
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PUBLIC HEARING NOTICE
The City of Santa Clarita and the Santa Clarita Redevelopment Agency will hold a joint
public hearing to consider the transfer of the Downtown Newhall Public Library site
(comprised of 24513, 24522, 24533, and 24535 Railroad Street; 24515, 24519, 24527
and 24509 Spruce Street; Assessors parcels numbered 2831-006-900, 2831-006-904,
2831-006-905, 2831-006-003, 2831-006-901, 2831-006-028, 2831-006-902, 2831-006-
903, 2831-006-906) from the Agency to the City as well as to consider transferring
Agency bond proceeds and tax increment funds to the City and use of same for the
purpose of funding construction of the Downtown Newhall Public Library and to consider
appropriate findings in support thereof. Such hearing shall be held on March 15, 2011
at 6:00 p.m. or as soon there after as the matter can be heard at Santa Clarita City Hall
Chambers located at 23920 Valencia Blvd., Santa Clarita, CA 91355.
If you wish to challenge the action taken on this matter in court, you may be limited to
raising only those issues that you or someone else raised at the public hearing
described in this notice, or written correspondence delivered to the City of Santa Clarita
at, or prior to, the public hearing.
Please contact the City Clerk if you have any questions at 661-255-4391.
Publish Dates: March 1 and March 8, 2011
Kevin Tonoian
Acting City Clerk