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RES-ORA-0479 Acquisition Approval of Two Non-Contiguous Parcels of Unimproved Real PropertyRESOLUTION NO. ORA- 0479 A RESOLUTION OF THE ORANGE REDEVELOPMENT AGENCY APPROVING THE ACQUISITION FROM THE CITY OF ORANGE OF TWO NONCONTIGUOUS PARCELS OF UNIMPROVED 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.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 Califomia 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 two noncontiguous parcels of unimproved real property, which are depicted as Parcel A and Parcel B on the map attached hereto as Exhibit B and more particularly described on Exhibit A, attached hereto and incorporated herein by this reference (herein referred to collectively as the Property); 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, the City Council has heretofore found and determined that the Property is surplus to the City's needs and not needed for any other public purpose and that its sale to the Agency, in accordance with the authority conferred upon the City by Section 33396 of the Redevelopment Law, is for the common benefit ofthe City; 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, Section 33391 of the Law authorizes the Agency to acquire for purposes of redevelopment any real or WHEREAS, the Agency proposes to acquire the Property from the City pursuant to the terms and provisions of a Purchase and Sale Agreement in the form presented at this meeting the Agency Purchase Agreement); and WHEREAS, the Property has been appraised as having a fair market value of 165,700.00 and the purchase price set forth in the Agency Purchase Agreement is m 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 Board of Directors of the Agency, along with the City Council, 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 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. As a responsible agency under the California Environmental Quality Act (CEQA), the acquisition of the Property by the Agency pursuant to the Agency Purchase Agreement is categorically exempt from the provisions of CEQA under Section 15312 of the State CEQA Guidelines. 3. 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 easements, covenants, rights and rights-of-way of record, for the sum of $165,700.00 in cash in accordance with the terms and provisions of the Agency Purchase Agreement. Accordingly, the Agency Board hereby finds and determines that the terms and provisions of the Agency Purchase Agreement between the Agency and the City with respect to the acquisition of the Property, in the form as submitted by the Executive Director, are approved.4. The Chairman is hereby authorized and directed to execute on behalf of the Agency the Agency Purchase Agreement, together with any and all documents necessary and appropriate to carry out and implement the Agency Purchase Agreement and to administer the Agency's obligations, responsibilities and duties to be performed thereunder, including the acceptance in the name and on behalf of the Agency of a grant deed conveying to this Agency the above-described interest in ADOPTED this 26th day of February, 2008 ATTEST: 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 26th day of February, 2008. AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: Smith, Murphy, Cavecche, Dumitru, Bilodeau COUNCILMEMBERS: None COUNCILMEMBERS: None COUNCILMEMBERS: None f y, Agency Clerk 3 EXHIBIT "A" LEGAL DESCRIPTION OF THE PROPERTY Behind this sheet.] EXHIBIT "A" PARCEL "A" IN THE CITY OF ORANGE, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING THAT PORTION OF LOT 9 OF THE LOCKHART TRACT AS SHOWN ON A MAP RECORDED IN BOOK 4, PAGES 512 AND 513, MISC. RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF PARCEL MAP FILED IN BOOK 75, PAGES 3 AND 4 OF PARCEL MAPS IN THE OFFICE OF THE ORANGE COUNTY RECORDER, SAID POINT BEING ALSO THE SOUTH WESTERLY MOST CORNER OF PARCEL I OF STATE HIGHWAY RELINQUISHMENT NO. 453 PER STATE HIGHWAY MAP BOOK 5 PAGES 13- 19,INCLUSIVE IN THE OFFICE OF THE ORANGE COUNTY RECORDER;THENCE ON A PROLONGATION OF SAID WESTERLY LINE OF SAID PARCEL MAP, NORTH 00055'14" WEST, A DISTANCE OF 85.67 FEET TO A NON-TANGENT CURVE CONCA VE TO THE NORTHEAST HAVING A RADIUS OF 1298.42 FEET, A RADIAL BEARING TO SAID POINT BEARS NORTH 240 09' 23"EAST;THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 010 53' 48", AN ARC LENGTH OF 42.98 FEET TO A POINT ON THE WESTERLY LINE OF SAID PARCEL I OF SAID RELINQUISHMENT NO. 453;THENCE SOUTH 190 52' 04" EAST ALONG SAID WESTERLY RELINQUISHMENT LINE, A DISTANCEOF 110.47 FEET TO THE POINT OF BEGINNING.Containing 1674 S.F. All as shown on Exhibit "B" and by this reference made a part hereof.1 PARCEL"B" IN THE CITY OF ORANGE, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING THAT PORTION OF LOT 9 OF THE LOCKHART TRACT AS SHOWN ON A MAP RECORDED IN BOOK 4, PAGES 512 AND 513, MISC. RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, MORE P ARTICULARL Y DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF PARCEL MAP FILED IN BOOK 75, PAGES 3 AND 4 OF PARCEL MAPS IN THE OFFICE OF THE ORANGE COUNTY RECORDER, SAID POINT BEING ALSO THE SOUTH WESTERLY MOST CORNER OF PARCEL 1 OF STATE HIGHWAY RELINQUISHMENT NO. 453 PER STATE HIGHWAY MAP BOOK 5 PAGES 13- 19,INCLUSIVE IN THE OFFICE OF THE ORANGE COUNTY RECORDER;THENCE ON A PROLONGATION OF SAID WESTERLY LINE OF SAID PARCEL MAP, NORTH 00055'14" WEST, A DISTANCE OF 85.67 FEET TO A NON-TANGENT CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUSOF 1298.42 FEET, A RADIAL BEARING TO SAID POINT BEARS NORTH 240 09' 23"EAST;THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 010 53'48", AN ARC LENGTH OF 42.98 FEET TO POINT ON THE WESTERLY LINE OF SAID PARCEL I OF SAID RELINQUISHMENT NO. 453, SAID POINT BEING ALSO A POINT ON A CONTINUOUS CURVE CONCAVE TO THE NORTHEST, HAVING A RADIUSOF 1298. 42 FEET;THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 000 41'20", AN ARC LENGTH OF 15.61 FEET TO A POINT ON A CONTINUOUS CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUSOF 1298.42 FEET AND THE TRUE POINT OF THENCE CONTINUING NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 050 25' 53", AN ARC LENGTH OF 123.08 FEET TO A POINT ON THE WESTERLY LINE OF PARCEL 1 OF STATE HIGHWAY RELINQUISHMENT NO. 916 PER STATE HIGHWAY MAP BOOK 10, PAGES 46-48, INCLUSIVE IN THE OFFICE OF THE ORANGE COUNTY RECORDER, SAID POINT BEING ALSO THE CUSP OF A CURVE CONCAVE TO THE WEST,HA VING A RADIUS OF 91.00 FEET, A RADlAL BEARING TO SAID POINT BEARS SOUTH 670 19'42" WEST;THENCE SOUTHERLY ALONG SAID WESTERLY LINE AND ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 13003' 57", AN ARC LENGTH OF 20.75 FEET TO THE BEGINNING OF COMPOUND CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 35.00 FEET, A RADlAL BEARING TO SAID POINT BEARS NORTH 800 23' 39" EAST;THENCE CONTINUING SOUTHERLY ALONG SAID WESTERLY LINE AND ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 790 08'12", AN ARC LENGTH OF 48.34 FEET TO A POINT OF NON-TANGENCY, A RADIAL BEARING TO SAID POINT BEARS SOUTH 200 28' 09"EAST, SAID POINT BEING ALSO THE SOUTHERLY LINE OF SAID PARCEL 1 OF SAID RELINQUISHMENT NO. 916;THENCE SOUTH 89004' 47" EAST, ALONG SAID SOUTHERLY LINE OF PARCEL 1, A DISTANCE OF 123.66 FEET TO A POINT OF NON.TANGENCY, A RADIAL BEARING TO SAID POINT BEARS NORTH 260 44' 31" EAST, AND THE TRUE POINT OF BEGINNING.Containing 2929 S.F. All as shown on Exhibit "B" and by this reference made a part hereof. Prepared by:My Lie. Expires 12/ 31/09 f}~ ~~ J'~()8 Jens Thielmann RC. E. 25742 EXHIBIT "B" MAP DEPICTING THE PROPERTY Behind this sheet.] EXHIBIT 8" N'V~ a \ : 4>'" ~ 4- j;;. . ~Q 5 I~~~' 06'~.~~ Q VI 4-s 11- ~~ I s, <v <. Sl's- b I . Ca 9" 11- ;,."i I ~(fi j IC' e' 6l j I ~ It> V / LEGEND INDICATES AREA OF DEDICATION OF PARCELS "A" AND .. B"INDICATES RECORD PER PMB 75/ 3-4 tV( Jt C - 4(/C~ ft- 4P4t ~(tVl'tV ~/ PARCEL "B" ~ I / ~ tl /-.;::,t II:...,I I.... I I~ I /<v I I~ c; I t A'\ ''& V' f>~ < 1 6" 9' ~ 9"Cy ( ~ 1. C "1St 9'S 01~N' WLY CORNER OF LAND SHOWN ON ALTA DWG NO.1088. W'LY & S'LY LINES ST.HWY. RELINQUISHMENT NO. 916 t- 0 a cQ. ~ \< p.C!~ v,. \~9- \ r-;e-11" ~~9-~ 1l\ D t;. 9-v'-: Pf<'9-~ r~W'L Y L1N ST. HWY.RELINQUISHMENT NO. 453 BASED ON PMB 75/ 4; ST. HWY.RELINQUISHMENT NO. 453; AND ST. HWY.RELINQUISHMENT NO. 916 AND INFORMATION SHOWN ON AN ALTA SURVEY DATED 6-28- 06 BY J. RONALD WHITE c! c ASSOCIATES, INC. TITLED .SEC CHAPMAN AVENUE AND INTERSTATE 5 FREEWAY ORANGE, CALIFORNIA, DWG N1088.PREPARED BY: tl I NI I I 4V(~ 0t( I PARCEL " A" III I c~~~ R/ iJ' Vt,l.&J~ II") . II")lD bt; PROLONG.OF W' LY LINE PMB 75/ 3- 4 P.O. B. AND NW COR. PMB 75/ 3-4 z~ W' LY LINE PMB 75/3-4