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RDA Resolution 2010-012RESOLUTION NO. RA 2070 - 012 A RESOLUTION OF THE LA QUINTA REDEVELOPMENT AGENCY AUTHORIZING THE AGENCY EXECUTIVE DIRECTOR TO EXECUTE A CERTIFICATE OF ACCEPTANCE FOR A QUITCLAIM DEED FOR PURPOSES OF TERMINATING AN EASEMENT ON AGENCY PROPERTY (APNs 600-020-047 & 600-020-048) WHEREAS, the La Quinta Redevelopment Agency ("Agency") is a public body, corporate and politic, organized and existing under the California Community Redevelopment Law ("Health & Safety Code § 33000 et seq.) ("CRL"-; and WHEREAS, pursuant to the CRL, the City Council of the City of La Quinta ("City" or "City Council," as applicable) approved and adopted the Redevelopment Plan ("Redevelopment Plan") for Project Area No. 2 ("Project Area"), on May 16, 1989, by Ordinance No. 139; and WHEREAS, a fundamental purpose of the CRL is to expand the supply of low- and moderate-income housing (Health & Saf. Code, § 33071-; and WHEREAS, Agency staff is negotiating the terms of a disposition and development agreement with Michael Shovlin and John Durso that would provide for (i) the Agency to ground lease that certain real property located southeast of the intersection of Dune Palms Road and Highway 111, in the City of La Quinta (the "Property" to a limited partnership to be formed by Messrs. Shovlin and Durso; and (ii) the partnership to construct and develop on the Property an affordable rental housing development containing one hundred seventy-six (176) units; and WHEREAS, the Property is encumbered by a pipeline easement granted in 1941 that would impede the development of the Property., Agehcy~and-City staff have confirmed with the local utility providers that they do_ not"have any pipelines in the easement area; and WHEREAS, Costco Wholesale Corporation, a Washington corporation, which is the owner of the property benefited by the easement; has execbted a quitclaim deed in favor of the Agency, the recordation of which would-effiectively terminate the easement; and WHEREAS, the Agency Executive Director's current authority to execute certificates of "acceptance for deeds pursuant to Government Code Section 27281 is limited to deeds executed in connection with agreements, and Agency staff wish to record the quitclaim deed without delay; and Resolution No. RA 2010-012 Terminating an Easement on Agency Property Quitclaim Deed - Shovlin December 21, 2010 Page 2 of 3 WHEREAS, the Executive Director's acceptance of the quitclaim deed is in accordance with the Redevelopment Plan and is of benefit to the Project Area and the City of La Quinta; and NOW, THEREFORE, BE IT RESOLVED BY THE LA QUINTA REDEVELOPMENT AGENCY AS FOLLOWS: 1. That the above recitals are true and correct and incorporated herein. 2. Pursuant to Government Code Section 27281, the Executive Director is hereby authorized and directed to execute the Certificate of Acceptance attached to the quitclaim deed, which is on file with the Agency Secretary, and to thereafter record the quitclaim deed in the Official Records of the County of Riverside. PASSED, APPROVED, AND ADOPTED at a regular meeting of the La Quinta Redevelopment Agency held this 215L day of December, 2010, by the following vote: AYES: Agency Members Adolph, Franklin, Henderson, Chair Evans NOES: Council Member Sniff ABSENT: None ABSTAIN: None ,,--- ,j~ i ~- ':a ~ ~. ~:. =_ _ _ \ \~,: ATTEST:" ~~_; City of La Qui (AGENCY SEAL) LI DN A EVANS, Agency Chairperson City of La Quinta, California Resolution No. RA 2010-012 Terminating an Easement on Agency Property Quitclaim Deed - Shovlin December 21, 2010 Page 3 of 3 APPROVED AS TO FORM: M. AT ERINE J SON, Agency Counsel City of La Quinta, California