RES-10259 Conveyance Authorization of City-Owned Real Property at Atchison Street to Redevelopment AgencyRESOLUTION NO. 10259
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE AUTHORIZING THE
CONVEYANCE OF THAT CERTAIN CITY-
OWNED REAL PROPERTY LOCATED ON THE WEST
SIDE OF ATCHISON STREET, NORTH OF
CHAPMAN AVENUE IN THE CITY OF ORANGE TO
THE ORANGE REDEVELOPMENT AGENCY
FOR REDEVELOPMENT
PURPOSES.WHEREAS, the City of Orange (the City) is a municipal corporation
exercising governmental functions and powers, organized and existing under the laws of the State
of California, and authorized to sell and otherwise convey real property to the
Orange Redevelopment Agency (the Agency) under the California Community Redevelopment
Law commencing with Section 33000 of the Health and Safety Code and hereinafter referred to as
the Redevelopment Law);
and WHEREAS, the Agency has been duly created, established and authorized to
transact business and exercise its powers under and pursuant to the Redevelopment Law;
and WHEREAS, the City owns that certain real property located on the west side of
Atchison Street, north of Chapman Avenue in the City of Orange (the Property). The Property is
depicted on the map attached hereto as Exhibit B and more particularly described on Exhibit
A,attached hereto and incorporated herein by this reference;
and WHEREAS, as authorized by Section 37350 of the Government Code of the State
of California, the City Council desires to sell the Property to the Agency for the common benefit
of the City;
and WHEREAS, the Property consists of a remainder of a larger parcel which was acquired
by the City and used in part for street purposes and, as such, is exempt from the requirement
of Section 65402 of the Government Code of the State of California requiring the
Planning Commission to prepare a report indicating that disposition of the Property conforms with
the City's General Plan;
and WHEREAS, the Property is located within the boundaries of the Orange Merged
and Amended Redevelopment Project Area (the Redevelopment Project Area), which
Redevelopment Project Area was duly established by the City Council of the City of Orange on November
27,2001 by Ordinance No. 21-01, pursuant to the Redevelopment
Law; and WHEREAS, this City Council, as the lead agency under the
California Environmental Quality Act (CEQA), finds and determines that the conveyance of the Property to the
Agency is exempt from the provisions of CEQA under Sections 15060 and 15061 of the
State CEQA Guidelines because the conveyance will not result in a direct or reasonably
physical change in the environment and there is no possibility that the conveyance will have a
significant effect on the environment. The transfer of ownership of the Property results in no
change to the physical environment because it will continue to be used for the same use and
purposes as presently existing; and
WHEREAS, in accordance with the authority conferred upon the City by Section 33220
of the Redevelopment Law, the City Council desires to aid and cooperate in the planning,
undertaking, construction or operation of the Redevelopment Project Area by conveying the
Property to the Agency, without consideration, for redevelopment purposes; and
WHEREAS, a Grant Deed to be executed by the City has been prepared and submitted,
providing for the conveyance of the Property by the City to the Agency, subject to the reservation
in the City of the right to terminate all right, title and interest in and to the Property without
paying any compensation or incurring any liability for damages or losses of any kind if the City
Council determines that it requires the Property for street or public utility purposes; and
WHEREAS, the City Council has duly considered all of the terms and conditions of the
conveyance of the Property, as set forth in the agenda report presented to it and any testimony
received at the meeting at which this matter was considered, and believes that the conveyance of
the Property is in the best interests of the City and the health, safety, morals and welfare of its
residents, and in accord with the public purposes and provisions of applicable State and local law
requirements, and that such activities promote the objectives of the Redevelopment Law as well as
the Redevelopment Plan for the Redevelopment Project Area.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange,
on the basis of the facts set forth in the agenda report presented to it and any testimony
received at the meeting at which this matter was considered, as follows:
1. The foregoing recitals are true and correct.
2. The City Council finds and determines that the conveyance of the Property is
exempt from the provisions of CEQA under Sections 15060 and 15061 of the State CEQA
Guidelines.
3. The City Council hereby authorizes conveyance of the Property to the Agency,
without consideration but subject to the reservation in the City of the right to terminate all right,
title and interest in and to the Property without paying any compensation or incurring any liability
for damages or losses of any kind if the City Council determines that it requires the Property for
street or public utility purposes, is for the common benefit of the City.
4. This City Council hereby authorizes and directs that the Property be conveyed
to the Agency, and hereby authorizes and directs the Mayor to execute, and the City Clerk to
attest, the Grant Deed on behalf of the City and to deliver the fully-executed Grant Deed
in
recordable form to the Agency and take all other actions necessary and appropriate to carry out,
implement and administer the City's obligations thereunder.
ADOPTED this lih day of February, 2008.
A TTEST~
Mary E.
I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby certify
that the foregoing Resolution was duly and regularly adopted by the City Council of the City of
Orange at a regular meeting thereof held on the lih day of February, 2008, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Smith, Murphy, Cavecche, Dumitru, Bilodeau
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: None
Mary
3