City of Piedmont
COUNCIL AGENDA REPORT
DATE: April 1, 2024
TO: Mayor and Council
FROM: Rosanna Bayon Moore, City Administrator
SUBJECT: Consideration of a Resolution Approving a Deed Restriction on Piedmont Park to Meet Proposition 68 Grant Requirement for the Replacement of the Pedestrian Bridge
RECOMMENDATION
By a single motion, take the following action regarding Piedmont Park:
1. Authorize the City Administrator to execute the attached Deed Restriction on Piedmont Park to meet Proposition 68 Grant funding requirements associated with the replacement of the pedestrian bridge.
BACKGROUND
The City has received a $177,952 grant from the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All Act of 2018 (Proposition 68). A portion of these funds estimated at $120,000 will be used to replace a pedestrian bridge in Piedmont Park.
Grant regulations require that the receiving party (the City) record a deed restriction against the property where monies are to be spent, safeguarding the property for purposes consistent with the grant for the duration of the contract. A deed restriction must be recorded on the title to the property before the State will approve any grant payments.
A resolution for the Proposition 68 grant was considered by the City Council on June 2, 2023 and was approved. After further review by the California State Parks Department Grant Coordinator, additional parcel information for the bridge project in Piedmont Park was determined to be required.
DISCUSSION
Based on Proposition 68 guidelines and associated regulations, a deed restriction is required on the property where improvements are to be constructed in order to ensure that the funds are used for projects that will be utilized until 2048. In this case, a deed restriction on the parcel encompassing Piedmont Park is involved. An updated parcel description with the required legal description is included.
State guidelines have provided the language associated with the deed restriction and require that the wording not be changed. Staff has attached the deed restriction form as required by the State.
If authorized, the City Administrator will sign the document, her signature shall be notarized and the deed shall be recorded. Once recorded, a copy of the notarized and recorded document will be sent to the State.
FISCAL IMPACT
By signing and recording the deed restriction, State funds of approximately $120,000 will be used to replace the bridge.
CITY ATTORNEY REVIEW
The City Attorney has reviewed the staff report and attachments.
ATTACHMENTS
1. Deed Restriction
2. Legal Description of Property
3. Grant Contract
By: Daniel Gonzales, Public Works Director
John Wanger, City Engineer
Nancy Kent, Parks Project Manager
Agenda Report Page 2
1 RECORDING REQUESTED BY:
California Department of Parks and Recreation
Office of Grants and Local Services
WHEN RECORDED MAIL TO:
Office of Grants and Local Services
PO Box 942896
Sacramento, CA 94296-0001
Attn: Sam Lumley
SPACE ABOVE THIS LINE RESERVED FOR RECORDER’S USE
DEED RESTRICTION
I. WHEREAS, City of Piedmont (hereinafter referred to as “Owner”) is the recorded owner of the real property described in Exhibit A, attached and incorporated herein by reference (hereinafter referred to as the “Property”); and
II. WHEREAS, the California Department of Parks and Recreation (hereinafter referred to as “DPR”) is a public agency created and existing under the authority of section 5001 of the California Public Resources Code (hereinafter referred to as the “PRC”); and III. WHEREAS, Owner applied to DPR for grant funds available pursuant to the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All of 2018 Parks Bond Act, 2018 Parks Bond Act Per Capita Program for installing a pedestrian footbridge and landscaping on the Property; and
IV. WHEREAS, on July 1, 2020, DPR’s Office of Grants and Local Services conditionally approved Grant 18-01-031, (hereinafter referred to as “Grant”) for installing a pedestrian footbridge and landscaping on the Property, subject to, among other conditions, recordation of this Deed Restriction on the Property; and
V. WHEREAS, but for the imposition of the Deed Restriction condition of the Grant, the Grant would not be consistent with the public purposes of the 2018 Parks Bond Act, 2018 Parks Bond Attachment 1 Agenda Report Page 3
2 Act Per Capita Program and the funds that are the subject of the Grant could therefore not have been granted; and
VI. WHEREAS, Owner has elected to comply with the Deed Restriction of the Grant, so as to enable Owner to receive the Grant funds and perform the work described in the Grant; NOW, THEREFORE, in consideration of the issuance of the Grant funds by DPR, the undersigned Owner for itself and for its heirs, assigns, and successors-in-interest, hereby irrevocably covenants with DPR that the condition of the Grant (set forth at paragraphs 1 through 5 and in Exhibit B hereto) shall at all times on and after the date on which this Deed Restriction is recorded constitute for all purposes covenants, conditions and restrictions on the use and enjoyment of the Property that are hereby attached to the deed to the Property as fully effective components thereof.
1. DURATION. This Deed Restriction shall remain in full force and effect and shall bind Owners and all its assigns or successors-in-interest for the period running from July 1, 2018 through June 30, 2048.
2. TAXES AND ASSESMENTS. It is intended that this Deed Restriction is irrevocable and shall constitute an enforceable restriction within the meaning of (a) Article XIII, section 8, of the California Constitution; and (b) section 402.1 of the California Revenue and Taxation Code or successor statue. Furthermore, this Deed Restriction shall be deemed to constitute a servitude upon and burden to the Property within the meaning of section 3712(d) of the California Revenue and Taxation Code, or successor statue, which survives a sale of tax-deeded property.
3. RIGHT OF ENTRY. DPR or its agent or employees may enter onto the Property at times reasonably acceptable to Owner(s) to ascertain whether the use restrictions set forth above are being observed.
4. REMEDIES. Any act, conveyance, contract, or authorization by Owner whether written or oral which uses or would cause to be used or would permit use of the Property contrary to the terms of this Deed Restriction will be deemed a violation and a breach hereof. DPR may pursue any and all available legal and/or equitable remedies to enforce the terms and conditions of this Deed Restriction up Attachment 1 Agenda Report Page 4
3 to and including a lien sale of the Property. In the event of a breach, any forbearance on the part of DPR to enforce the terms and provisions hereof shall not be deemed a waiver of enforcement rights regarding any subsequent breach.
5. SEVERABILITY. If any provision of these restrictions is held to be invalid, or for any reason becomes unenforceable, no other provision shall be affected or impaired.
Dated: ______________________, 20 ____
Business Name (if property is owned by a business): __________________________________________ Owner(s) Name(s): ____________________________________________________________________ _____________________________________________________________________________________ Signed: ________________________________ Signed: ________________________________ ________________________________ ________________________________
PRINT/TYPE NAME & TITLE OF ABOVE PRINT/TYPE NAME & TITLE OF ABOVE (GRANTEE’S AUTHORIZED REPRESENTATIVE) (ADDITIONAL SIGNATURE, AS REQUIRED) **NOTARY ACKNOWLEDGEMENT ON THE NEXT PAGE**
Attachment 1 Agenda Report Page 5
4 State of California
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.
Signature ______________________________ (Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
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