HomeMy WebLinkAboutResolution - 3439 STATE OF CALIFORNIA ) RESOLUTION NO. 3439
COUNTY OF RIVERSIDE ) ss
CITY OF SAN JACINTO )
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JACINTO, CALIFORNIA, APPROVING THE
CONVEYANCE OF THE CITY'S INTEREST IN CERTAIN
REAL PROPERTY, GENERALLY LOCATED AT THE
NORTHEAST CORNER OF SAN JACINTO AVENUE AND
COMMONWEALTH AVENUE (APNS 439-112-032, & 439-
112-0339 439-112-004, 008, & 009), AND AUTHORIZING
THE CITY MANAGER TO TAKE ANY ACTIONS
NECESSARY TO EFFECTUATE SUCH CONVEYANCE
WHEREAS, the City of San Jacinto ("City") holds title to certain real
property generally located at the Northeast corner of San Jacinto Avenue and
Commonwealth Avenue, in the City of San Jacinto, California (APNS 439-112-032, &
439-112-033, 439-112-004, 008, & 009) ("Subject Property"); and
WHEREAS, the Subject Property was quit claimed to the City on June 30,
2011 by the San Jacinto Redevelopment Agency, in order to wind down the affairs of
the former San Jacinto Redevelopment Agency, pursuant to Assembly Bill 1 X26; and
WHEREAS, pursuant to Health and Safety Code section 34173(d), the
City of San Jacinto has elected to serve as the successor agency ("Successor Agency")
to the dissolved San Jacinto Redevelopment Agency; and
WHEREAS, Health and Safety Code section 34177(e) requires the
Successor Agency to dispose of assets and properties of the former San Jacinto
Redevelopment Agency as directed by the Oversight Board, to be done expeditiously
and in a manner aimed at maximizing value; and
WHEREAS, Mark Development, Inc. ("Purchaser") has offered to
purchase the Subject Property, consisting of approximately 107,460 square feet, for
$400,000, for development of the Subject Property as a commercial retail project,
including a sit-down type restaurant; and
WHEREAS, concurrently with this Resolution, the Successor Agency is
considering a proposed purchase and sale agreement ("Agreement") between the
Successor Agency and Purchaser, in accordance with the Purchaser's offer; and
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community and the winding down of the San Jacinto Redevelopment Agency's
business, as follows:
• the purchase price for the Subject Property will, as required by Health and
Safety Code section 34177(e), be transferred to the County, for
distribution to other taxing entities, such as the San Jacinto Unified
School District.
• the development of the Subject Property as a retail project will increase
the assessed value of the land, thereby increasing ad valorum taxes,
which are distributed to such taxing entities.
• the use of the developed project as a retail will provide jobs to local
residents as well as sales tax to the City.
• the development of the project with a "sit-down" type restaurant will
provide residents another dining choice, thereby enhancing the quality of
life in the City, and indirectly, the value of home prices.
NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the
City Council of the City of San Jacinto, as follows:
SECTION 1. Recitals. The Recitals set forth above are true and correct
and are incorporated into this Resolution by this reference.
SECTION 2. CEQA Compliance. Pursuant to California Environmental
Quality Act (Pub. Resources Code, §§ 21000 et seg.) ("CEQA") and the State and local
CEQA Guidelines, the City Council determines that the conveyance of the Subject
Property by the City is not an action that may have a significant effect on the
environment, because it is only a transfer of property. Prior to the approval of any
development project at the Subject Property, such project will be reviewed pursuant to
CEQA. As a result, the Agreement does not constitute a "project" subject to the
requirements of CEQA. The City Clerk is authorized and directed to file a Notice of
Exemption with the appropriate official of the County of Riverside, California, within five
(5) days following the date of adoption of this Resolution.
SECTION 3. Approval of Purchase and Sale Agreement. The City
Council hereby approves the conveyance of the Subject Property in accordance with
the terms of the Agreement. Such approval is hereby expressly made contingent on
approval of the Agreement by the Successor Agency.
SECTION 4. Approval of City Manager as Signatory. The City Council
hereby approves the City Manager to take all necessary actions on behalf of the City of
San Jacinto, to effectuate the conveyance of the Subject Property in accordance with
the Agreement, including, without limitation, the execution of deeds of conveyance for
the Subject Property.
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SECTION 5. Severability. 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 the City would have
adopted this Resolution irrespective of the invalidity of any particular portion of this
Resolution.
SECTION 6. Certification. The City Clerk shall certify to the adoption of
this Resolution.
SECTION 7. Effective Date. This Resolution shall become effective
immediately upon its adoption.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City
Council on the 18th day of September, 2012, by the following vote:
AYES: Bartel, Di Memmo, Ledezma, Miller, Kotyuk
NAYS: None
ABSENT: None
ABSTAIN: None
CITY OF SAN JACINTO
Andrew F. Kotyuk, Mayor
ATTEST:
Richard Miller, City Clerk
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