Report Prepared by: Joe Cardoso, P.L.S. Engineering Department
Title
SUBJECT: Assignment and Assumption of Easement for Arbor Walkway South to City of Merced
REPORT IN BRIEF
Considers approving the Assumption of Easement of Arbor Walkway south located at 534 West Main Street to the City of Merced.
RECOMMENDATION
Successor Agency - Adopt a motion:
A. Approving the Assignment and Assumption of Easement to the City of Merced, a California Charter Municipal; and,
B. Authorizing the Executive Director or designee to execute the necessary documents.
Body
ALTERNATIVES
1. Approve as recommended by staff; or,
2. Approve, subject to modifications by Successor Agency; or,
3. Deny; or,
4. Refer back to staff for reconsideration of specific items (specific items to be address in the motion); or,
5. Continue to a future meeting (date and time to be specified in the motion).
AUTHORITY
Resolution 2023-57 of the City Council of the City of Merced, State of California, electing to serve as the Successor Agency of the Redevelopment Agency of the City of Merced, pursuant to Health and Safety Code Section 34171(j) and Section 345173.
SUCCESSOR AGENCY PRIORITIES
Health & Safety Code Section 34181(a)(1) - Dispose of all assets and properties of the former redevelopment agency.
DISCUSSION
The City Council of the City of Merced, as Successor Agency to the Redevelopment Agency of the City of Merced, is charged with overseeing the implementation of recognized enforceable obligations and winding down the affairs of the former Redevelopment Agency of the City of Merced in accordance with California Health and Safety Code 34181(a)(1). (please see below)
HEALTH AND SAFETY CODE - HSC
DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964]
PART 1.85. DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES [34170 - 34191.6]
34181. The oversight board shall direct the successor agency to do all of the following:
(a)(1) Dispose of all assets and properties of the former redevelopment agency; provided, however, that the oversight board may instead direct the successor agency to transfer ownership of those assets that were constructed and used for a governmental purpose, such as roads, school buildings, parks, police and fire stations, libraries, parking facilities and lots dedicated solely to public parking, and local agency administrative buildings, to the appropriate public jurisdiction pursuant to any existing agreements relating to the construction or use of such an asset. Any compensation to be provided to the successor agency for the transfer of the asset shall be governed by the agreements relating to the construction or use of that asset. Disposal shall be done expeditiously and in a manner aimed at maximizing value. Asset disposition may be accomplished by a distribution of income to taxing entities proportionate to their property tax share from one or more properties that may be transferred to a public or private agency for management pursuant to the direction of the oversight board.
The Redevelopment Agency of the City of Merced entered into an Easement Agreement with Jean C. Blauert and Donald E. Blauert for the property located at 534 West 17th Street. (Attachment # 2)
The easement is in gross and is not appurtenant to any estate in land or does not belong to any person by virtue of ownership of estate in other land but is mere personal interest in or right to use land of another, it is purely personal and usually ends with death of grantee.
The Easement was granted in 1980, and the term of the Easement in Section 13 states the Agency shall have the right to assign and transfer its obligations and rights to the City of Merced.
Therefore, staff recommends the Successor Agency approve the Assignment and Assumption of Easement to the City of Merced per Health and Safety Code 34181.
IMPACT ON SUCCERROR AGENCY RESOURCES
No appropriation of funds is needed.
ATTACHMENTS
1. Assignment and Assumption of Easement
2. Easement Agreement
3. Site Map