RES-10263 Authorizing Sale of City-Owned Unimproved Surplus Real Property to Redevelopment AgencyRESOLUTION NO. 10263
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE FINDING THAT CERTAIN
CITY-OWNED UNIMPROVED REAL
PROPERTY CONSISTING OF TWO
NONCONTIGUOUS PARCELS GENERALLY LOCATED ON
THE SOUTH SIDE OF WEST CHAPMAN AVENUE
EAST OF RAMP ART STREET IN THE CITY OF
ORANGE IS SURPLUS TO THE CITY'S NEEDS
AND AUTHORIZING THE SALE THEREOF TO
THE ORANGE REDEVELOPMENT AGENCY
FOR REDEVELOPMENT
PURPOSES.WHEREAS, the City of Orange (the City) is a municipal corporation
exerclSlng 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, as authorized by Section 37350 of the Government Code of the State
of California, the City Council desires to find and determine that those two noncontiguous parcels
of unimproved City-owned real property, consisting together of approximately 4,603
square feet and generally located on the south side of West Chapman Avenue east of Rampart Street
in the City of Orange (collectively, the Property), are not needed for the purpose for which
they were acquired or for any other public purpose and are, therefore, surplus real property and
should now be sold for the common benefit of the City. 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 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
WHEREAS, this City Council, as the lead agency under the California Environmental
Quality Act (CEQA), finds and determines that the sale of the Property is categorically exempt
from the provisions ofCEQA under Section l5312 of the State CEQA Guidelines; and
WHEREAS, in accordance with the authority conferred upon the City by Sections 33220
and 33396 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 for redevelopment purposes in accordance with the terms
and provisions of that certain Purchase and Sale Agreement in the form presented at this meeting
the Agency Purchase Agreement); and
WHEREAS, Section 33396 of the Redevelopment Law authorizes the Agency to accept
a conveyance of City-owned surplus real property for disposition by the Agency to
private persons or to public or private entities by sale or lease for redevelopment purposes;
and WHEREAS, the Property has been appraised as having a fair market value
of l65,700.00 and the purchase price set forth in the Agency Purchase Agreement is
III accordance with said appraisal;
and WHEREAS, the Agency Purchase Agreement by and between the City and the
Agency has been prepared and submitted, providing for the conveyance of the Property by the City to
the Agency for the purchase price and upon the terms stated therein;
and WHEREAS, the City Council, along with the Board of Directors of the Agency, has
duly considered all of the terms and conditions of the Agency Purchase Agreement, 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 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 City Council finds and determines that the sale of the Property is
categorically exempt from the provisions of CEQA under Section 15312 of the State CEQA Guidelines
and,accordingly, hereby authorizes and directs the City Clerk to file a Notice of Exemption with
the Orange County
Clerk.3. The City Council hereby finds and determines that the Property is not needed
for the purpose for which it was acquired or for any other public purpose and is, therefore, surplus
real
property, the sale of which to the Agency in accordance with the terms and provisions of the
Agency Purchase Agreement is for the common benefit ofthe City.
4. This City Council hereby authorizes and directs that the Property be sold to the
Agency pursuant to the terms and provisions of the Agency Purchase Agreement in the form
presented at this meeting, and hereby authorizes and directs the Mayor to execute, and the City
Clerk to attest, the Agency Purchase Agreement on behalf of the City and to sign and deliver
all documents and take all other actions necessary and appropriate to carry out, implement and
administer the City's obligations thereunder.
ADOPTED this 26th day of February, 2008.
ATTEST:
8
Mary E. , City Clerk. Clt 0 Orange
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 26th day of February. 2008, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Smith, Murphy, Cavecche, Dumitru, Bilodeau
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: None
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