RES-10269 Authorization of Sale of City-Owned Real Property Lemon Street Parking LotRESOLUTION NO. 10269
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE AUTHORIZING THE SALE OF
THAT CERTAIN CITY-OWNED REAL
PROPERTY COMMONLY KNOWN AS THE LEMON
STREET PARKING LOT 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 commonly known as the
Lemon Street parking lot, which is generally located on the west side of Lemon Street between
Maple Avenue and Chapman Avenue in the City of Orange and is being used as a parking lot
for members of the general public (herein referred to as 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, pursuant to the requirement of Section 65402 of the Government Code of
the State of California, the Director of Community Development has reported 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 sale 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 sale will not result in a direct or reasonably foreseeable indirect physical change
in the environment and there is no possibility that the sale will have a significant effect
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 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, the Property has been appraised as having a fair market value of
3,000,000 and the purchase price set forth in the Agency Purchase Agreement is In
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 exempt from
the provisions ofCEQA under Sections 15060 and 15061 of the State CEQA Guidelines.
3. This City Council hereby authorizes and directs that the Property be sold to the
Agency for redevelopment purposes for the sum of $3,000,000 in cash in accordance with the
terms and provisions of the Agency Purchase Agreement in the form presented at this meeting.
Accordingly, the City Council 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.
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ADOPTED this 25th day of March, 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 City Council of the City of
Orange at a regular meeting thereof held on the 25th day of March, 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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