RES-ORA-0477 Acquisition Approval of City-Owned Real Property located at Atchison StreetRESOLUTION NO. ORA-
0477 A RESOLUTION OF THE
ORANGE REDEVELOPMENT AGENCY APPROVING
THE ACQUISITION FROM THE CITY OF ORANGE
OF THAT CERTAIN CITY-OWNED
REAL PROPERTY GENERALLY LOCATED ON THE WEST
SIDE OF ATCHISON STREET, NORTH
OF CHAPMAN AVENUE IN THE CITY
OF ORANGE.WHEREAS, the City of Orange (the City) is a municipal
corporation exerclsmg 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 is the owner of that certain real property generally 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, 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, as authorized by Section 37350 of the Government Code of
the State of California, the City Council has heretofore found and determined that the
conveyance of the Property to the Agency is for the common benefit of
the City; and WHEREAS, Section 33391 of the Law authorizes the Agency to acquire
for purposes of redevelopment any real or
personal property; and WHEREAS, the Agency proposes to acquire the Property from
the City, without consideration, pursuant to the terms and provisions of a Grant Deed in the form
presented at this meeting, 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 Board of Directors of the Agency has duly considered all of
the terms and conditions of the conveyance of the Property, as set forth in the agenda report presented
any testimony received at the meeting at which this matter was considered, and believes that the
acquisition 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, the Board of Directors of the Orange Redevelopment Agency
the Agency Board) resolves, 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 Agency Board hereby approves the acquisition by the Agency from the City
for redevelopment purposes of the fee simple estate in and to the Property, 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.
3. The Chairman is hereby authorized and directed to accept in the name and on
behalf of the Agency the Grant Deed prior to its recordation in the Official Records of the
County of Orange, and to administer the Agency's obligations, responsibilities and duties to be
performed thereunder.
ADOPTED this 1ih day of February, 2008
ATTEST:
irt
2
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 Orange Redevelopment
Agency at a regular meeting thereof held on the 1ih day of February, 2008.
AYES:
NOES:
ABSENT:
ABSTAIN:
DIRECTORS: Smith, Murphy, Cavecche, Dumitru, Bilodeau
DIRECTORS: None
DIRECTORS: None
DIRECTORS: None
3
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
Behind this sheet.]
Exhibit" A"
In the City of Orange, County of Orange, State of California, being that portion of Atchison
Street as shown on Map of Block B of the Halladay Tract, Orange, recorded in Book 18, Page 65
of Miscellaneous Records of Los Angeles County, described as follows:
Beginning at the Southwest corner of the "A.T. & S. F. R.R. Depot Grounds" as shown said
Halladay Tract, said point being also a point on the northerly right-of-way of
Chapman Avenue,being 66.
00 feet;Thence South 890 57' 50" East, along the southerly right-of-way of said
Depot Grounds and along said northerly Chapman Avenue right-of-way, a distance of90.84 feet
more or less to an angle point and the southwesterly corner of Parcel 4 of the
Final Order of Condemnation recorded Nov.20, 1989 as Document No. 89-634276,
Official Records, Records of Orange County, California;Thence North 450 08' 25" East, along the northwesterly line of said
Parcel 4, a distance of 0.73 feet to a point on the westerly right-of-way
of said
Atchison Street and the True Point of Bee:innine::Thence continuing North 45008'
25" East along said westerly right-of-way and along the northwesterly line of said Parcel 4, a distance of
20.52 feet to an angle point said point being
also a point on the easterly right-of-way of said Depot Grounds; ,Thence
North 00014' 41" East, along said Atchison Street westerly right-of-way, a distance of 612.
55 feet to the northerly terminus of said
westerly right-of-way, said point being also the westerly tenninus of the centerline of Maple
Avenue;Thence South
Thence leaving said centerline, South 00015' 44" West, a distance of 441.99 feet to an angle
point;
Thence South 13048'03" West, a distance of 62.58 feet to an angle point;
Thence South 000 06' 21" West, a distance of 94.00 feet to the beginning of a tangent curve
concave to the northwest, having a radius of 31.00 feet;
Thence southwesterly along said curve through a central angle of 760 03' 19", an arc length of
41.15 feet to a point on the westerly right-of-way of said Atchison Street, being a point
of non-tangency, and the True Point of Bee:innine:, a radial bearing to said point bears South 140
18'
59"East.Containing 12,224.28 S.F. All as shown on Exhibit "B" and by this reference made
a
part hereof.
Prepared by:My Lic. Expires 12/
31/09 aJ~
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uf'7 Jens Thielmann R.C.
E. 25742 Page
EXHIBIT B
MAP DEPICTING THE PROPERTY
Behind this sheet.]
PLAT
23.29' CITY OF ORANGE PROPERTY
N 89'55'32" W
E'LY R-
O-W AJ. & S.F.
R.R.
DEPOT GROUNDS ANDW'L
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ATCHISON STREETv
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LEGEND
INDICATES AREA OF DEDICATION
WITHIN ATCHISON STREET
Cl 6=76'03'19' T=24.24'
R=31.00' L=41.15'
PREPARED BY:
JENS THIELUANN. R.C.E. 25742
MY lIC. EXP. 12/31/09