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Home My WebLink AboutReso 2014-029 - 702 Auditorium Drive RESOLUTION NO. 2014-029 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING CONSENTING TO AND SUBORDINATING ITS LEASEHOLD INTEREST TO A .428-ACRE NON-EXCLUSIVE EASEMENT FROM THE REDDING JOINT POWERS FINANCING AUTHORITY TO THE MCCONNELL FOUNDATION OVER A PORTION OF ASSESSOR'S PARCEL NUMBER 102-020-015 LOCATED AT 702 AUDITORIUM DRIVE WHEREAS, on January 7, 1992, the City of Redding(City) entered into a Ground Lease with Turtle Bay Exploration Park (Turtle Bay), formerly Alliance of Redding Museums, for the construction and operation of a museum park on land located east of the Redding Convention Center; and WHEREAS, on February 6, 1996, the property subject to the Ground Lease with Turtle Bay was expanded to include a parking lot east of the Convention Center; and WHEREAS, on March 24, 2004, the City conveyed to the Redding Joint Powers Financing Authority (JPA) title to the Convention Center property currently identified as Assessor Parcel Number 102-020-015. The deed conveying title inadvertently included within the description the parking lot subject to the Turtle Bay Ground Lease; and WHEREAS, the JPA and the City entered into a Facilities Lease dated December 1, 2004, whereby the City leased the Convention Center property, including the parking lot, from the JPA; and WHEREAS, on August 28, 2012, the JPA, the City and Turtle Bay entered into a Priority Agreement confirming that the JPA's fee interest and the City's leasehold interest in the parking lot are both subject to the Ground Lease; and WHEREAS, in 2013,the City entered into negotiations with The McConnell Foundation (McConnell) for the sale of 14.17 acres of City land identified as Parcels 3 and 4 of that certain map recorded in Book 38 on Page 100 of Parcel Maps, Shasta County Records which are adjacent to the above-referenced parking lot and which parcels are subject to the above- referenced Ground Lease between the City and Turtle Bay; and WHEREAS, the City and McConnell have negotiated a Real Estate Purchase and Sale 1 Agreement regarding sale of 14.17 acres of City-owned land leased to Turtle Bay to theJ McConnell Foundation for the sales price of$600,000; and WHEREAS, McConnell has requested that the JPA grant a non-exclusive permanent easement over an approximate .428-acre area at the south end of the parking lot for ingress, . egress, parking, landscaping, lighting, signage, and public and private utilities for the benefit of Parcels 3 and 4; and N WHEREAS, a copy of the proposed Easement Deed is on file with the City Clerk of the City of Redding; and WHEREAS, a small portion of the proposed easement needed for underground utilities will encroach into the dedicated right-of-way for future Sundial Bridge Drive; and WHERAS, the City possesses a leasehold interest created by the above-referenced Facilities Lease in the land subject to the requested easement. NOW, THEREFORE, the City Council of the City of Redding hereby RESOLVES AND ORDERS as follows: 1. The above recitals are true and correct. 2. The City as Lessee under that certain Facilities Lease by and between the Redding Joint Powers Financing Authority as Lessor and the City of Redding as Lessee, recorded December 15, 2004 as Instrument No. 2004-0071635, of the Official Records of Shasta County, consents to all of the provisions contained in the Easement Deed referenced herein and agrees that the leasehold interested created by said Facilities Lease shall be junior and subordinate and subject to said Easement Deed. 3. The City consent to the encroachment into the dedicated right-of-way for future Sundial Bridge Drive is limited to and for underground utilities only. 4. The Mayor is hereby authorized to execute and deliver the Subordination of Lease and Consent of Lessee. attached hereto and incorporated herein by reference in accordance with the Purchase and Sale Agreement. I HEREBY CERTIFY that the foregoing resolution was introduced, read and adopted at a regular meeting of the City Council of the City of Redding on the 4th day of March, 2014, by the following vote: AYES: COUNCIL MEMBERS: McArthur, Sullivan, & Bosetti NOES: COUNCIL MEMBERS: Cadd &Jones ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None ' r ICK BOSETTI, Mayor ATTEST: APPROVED AS TO FORM: P 4E "'IZE;,C',. Clerk FmR CAIX-.41MOV/P-ANAY, City Attorney NARW &WALT RECORDING REQUESTED BY: The McConnell Foundation WHEN RECORDED RETURN TO: The McConnell Foundation 800 Shasta View Drive Redding, CA 96003 THE AREA ABOVE IS RESERVED FOR RECORDER'S USE SUBORDINATION OF LEASE AND CONSENT OF LESSEE The undersigned Lessee under that certain Facilities Lease by and between the Redding Joint Powers Financing Authority as Lessor and the City of Redding as Lessee, recorded December 15, 2004 as Instrument No, 2004-0071635,of the Official Records of Shasta County, California, hereby consents to all of the provisions contained in the attached Easement Deed dated ,2014, covering the property described and shown on Exhibits"B"and"C"attached to said Easement Deed,executed by The Redding Joint Powers Financing Authority in favor of The McConnell Foundation, and agrees that the leasehold interest created by said Facilities Lease shall be junior and subordinate and subject to said Easement Deed. Dated: ,2014 "LESSEE" City of Redding,a Municipal Corporation By RICK BOSSETTI, Mayor ATTEST: PAMELA MIZE, City Clerk McConnelllfurtle Bay Hotel Subordination of Leese-City of Redding Easement Deed CERTIFICATE OF ACKNOWLEDGMENT State of California } } ss. County of Shasta } On ,2014, before me, , 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. McCamelVfurtle Bay Hotel Subordination of Lease-City of Redding Easement Deed RECORDING REQUESTED BY: The McConnell Foundation WHEN RECORDED RETURN TO: The McConnell Foundation 800 Shasta View Drive Redding,CA 96003 THE AREA ABOVE IS RESERVED FOR RECORDER'S USE EASEMENT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,the REDDING JOINT POWERS FINANCING AUTHORITY,a joint exercise of powers agency duly organized and existing under and by virtue of the laws of the State of California(hereafter"Grantor") HEREBY GRANTS to THE McCONNELL FOUNDATION,a California Non-Profit Corporation(hereafter"Grantee"),a non- exclusive permanent easement appurtenant to that certain real property described In Exhibit"A"attached hereto and incorporated by reference("Grantee Property"). The area of the easement granted is described in Exhibit"B,"and is shown on Exhibit"C,"both of which are attached hereto and incorporated by reference("Easement"). The purpose of the Easement shall be for ingress,egress, parking,landscaping, lighting,signage, and public and private utilities. However,that portion of the Easement that is located within the area of the public roadway pursuant to that certain dedication to the public per City of Redding Resolution No.2012- 054, recorded on June 27, 2012 as Instrument No. 2012-0020599 in the Official Records of Shasta County,shall be restricted to use for underground public and private utilities only. The Easement granted in this Deed is appurtenant to and for the benefit of the Grantee Property. The Easement shall be a perpetual and permanent easement. The Easement granted in this Deed is non-exclusive and Grantor and/or the City of Redding retains the right to make any use of the Easement area, so long as such use does not unreasonably interfere with Grantee's free use and enjoyment of the Easement. McConne Vrurde Bay Hotel Easement Deed The provisions of this Deed shall inure to the benefit of and bind the successors and assigns of the Grantor and Grantee. "GRANTOR" REDDING JOINT POWERS FINANCING AUTHORITY Dated: ,2014 By CERTIFICATE OF ACKNOWLEDGMENT State of California ) ss. County of Shasta ) On ,2014, before me, , 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 signatures)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. McConne'VTurtle Bay Hotel Easement Aced EXHIBIT"A" Parcels 3 and 4 as shown on that certain map entitled, "Parcel Map No. 2013-00871, being a portion of Sections 11 and 13 of the P.B. Reading Grant, in the City of Redding, Shasta County, California,"said map was filed for record in the office of the County Recorder on December 17, 2013 in Book 38 of Parcel Maps, at page 100, Shasta County Records. McConneWTur le Bay Hotel Easement Deed EXHIBIT B A portion of the parcel described in the Grant Deed to the Redding Joint Powers Financing Authority, recorded December 15, 2004 as instrument number 2004-0071634, Shasta County Official Records, described as follows: COMMENCING at the most Northerly corner of Parcel 3 as shown on Parcel Map 2013-00871,filed December 17, 2013 in Book 38 of Parcel Maps at Page 100, Shasta County Records.; thence, on and along the property line common to said Parcel 3 and Parcel 2 per said Parcel Map, South 36025'31"West, a distance of 80.16'feet to the TRUE POINT OF BEGINNING also being a point on the common line between said Redding Joint Powers Financing Authority parcel and said Parcel 3; thence South 52030'00" East, a distance of 6.20 feet; thence along a 70.00 foot radius curve to the right, having a central angle of 90000'00", a distance of 109.96 feet; thence South 37030'00"West,a distance of 218.43 feet;thence leaving said common line, North 12053'59"West, a distance of 4.88 feet; thence North 57053'59" West, a distance of 18.73 feet; thence North 12053'59"West,a distance of 19.79 feet;thence along a 90.00 foot radius curve to the right, having a central angle of 49042'58", a distance of 78.09 feet; thence North 36048'59" East, a distance of 184.30 feet; thence North 27029'02"West, a distance of 41.00 feet; thence North 37030'00" East, a distance of 4.57 feet;thence South 52030'00"East, a distance of 33.43 feet to the TRUE POINT OF BEGINNING. Containing 18,654 square feet more or less. The bearings in this description are based on the Parcel Map 2013-00871,filed December 17,2013 in Book 38 of Parcel Maps at Page 100, Shasta County Records. 0 NO 9 m L 7008 0 NExp.9-30-/S Off:CA, Z 3 NOTE: �� `� ss?° PARCEL G THIS MAP IS BASED ON RECORD DATA AND DOES �, NOT REPRESENT A SURVEY.IT IS INTENDED FOR (�!!i !II II'n �� `�� 01 USE AS AN EXHIBIT FOR THIS EASEMENT ONLY. !All I' 'VIII I j �� ` Q F II' j illi, N37°30'00"E 4.5T I 'I `� S52°30'00"E 6.20' PAIRICEL I N27°29'02"W 41.00' ';O� R70.00' &=90°00'00" 4 O\i\,% , , a�o doo ry�, � L109.96' J1 09 .96' �c° � tititio�° „°�h a��° PARCEL 2 A 6° R90.00' 0=49°42'58" Bp L78.09' N12°53'59"W 19.79' � N57°53'59"W 18.73' N12°53'59W 4.88' 1 DETAIL / J4 NTS I � OA �3 FF M 100 SEE DETAIL ABOVE �101v ESN .SRL lb ' 0 -gym � �a �Q Exp.9-30- �.S PCA PARCEL 4 1 ( )= RECORD PER 38 PM 100 =AREA OF EASEMENT STATE EXHIBIT C HI�HWA Y of 200' 400 600 44