RES-ORA-0486 Sale of Unimproved Real PropertyRESOLUTION NO. ORA-
0486 A RESOLUTION OF THE
ORANGE REDEVELOPMENT AGENCY APPROVING
THE SALE OF UNIMPROVED REAL
PROPERTY CONSISTING OF APPROXIMATELY 13,
720 SQUARE FEET GENERALLY LOCATED
ON THE EAST SIDE OF MANCHESTER
AVENUE,NORTH OF CHAPMAN AVENUE IN THE
CITY OF ORANGE TO CITY TOWN
CENTER PARKING PARCEL, L.P., A
CALIFORNIA LIMITED
PARTNERSHIP.WHEREAS, the Orange Redevelopment Agency (Agency) has been duly
created,established and authorized to transact business and exercise its powers under and pursuant
to 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 is the owner of that certain irregular-
shaped, unimproved real property consisting of approximately 13,720 square feet and generally located on
the east side of Manchester Avenue, north of Chapman Avenue in the City of Orange,
County of Orange, State of California (the Property), which is depicted on the map attached
hereto as Exhibit A and more particularly described on Exhibit A-I, 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, pursuant to Conditional Use Permit No.
2480-03, Variance No. 2134-03 and Major Site Plan Review No. 0311-03, City
Town Center, L.P., a California limited partnership (CTC), an affiliate of City Town Center
Parking Parcel, L.P., a California limited partnership (the Buyer), has
previously developed a 5-acre commercial retail center commonly known as City Towne
Center and located at 3739-3743 W. Chapman Avenue Retail Center), which
Retail Center is located adjacent to the Property; and WHEREAS, the Buyer desires to
purchase the Property from the Agency at its fair market value for the purpose of developing
thereon a parking lot for use by CTC, its successors and assigns, and
any of CTC's tenants, employees, agents, guests, invitees,members of the general public
and patrons of the Retail Center (the Project); and WHEREAS, the Agency is willing to sell
the Property to the Buyer
WHEREAS, as the lead agency under the California Environmental Quality Act
Public Resource Code Section 21000 et seq.; herein referred to as CEQA), the Board of
Directors of the Agency finds and determines that the sale of the Property to the Buyer and the
subsequent construction by the Buyer of a small parking lot on the Property that will be
accessory (appurtenant) to the Retail Center will not cause a significant effect on the
environment and is within that class of projects which is categorically exempt from the
provisions ofCEQA pursuant to Section 15311 ofthe California Code of Regulations; and
WHEREAS, the Buyer proposes to acquire the Property pursuant to the terms and
provisions of a Purchase and Sale Agreement and Joint Escrow Instructions (the Purchase
Agreement) to be entered into with the Agency in the form presented at this meeting and
under the authority granted to the Agency by Sections 33430, 33431 and 33433 of the
Redevelopment Law; and
WHEREAS, the Property has been appraised as having a fair market value of
69,000.00 and the purchase price set forth in the Purchase Agreement is in accordance with
said appraisal; and
WHEREAS, the Purchase Agreement by and between the Agency and the Buyer has
been prepared and submitted, providing for the conveyance of the Property by the Agency to the
Buyer for the purchase price and upon the terms stated therein; and
WHEREAS, after publication of notice as required by law and having made copies of
the proposed Purchase Agreement and a Summary Report pertaining to the proposed sale of the
Property by the Agency to the Buyer, a joint public hearing has been duly held by this Agency
and the City Council in accordance with Section 33433 of the Redevelopment Law on the
proposed sale of the Property by the Agency to the Buyer in accordance with the terms and
provisions of the Purchase Agreement; 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 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 activities described therein are 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 Redev.elopment 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.
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2. The Agency Board hereby finds and determines that the sale of the Property to
the Buyer in accordance with the terms and provisions of the Purchase Agreement will assist
in the elimination of blight and is consistent with the Agency's Implementation Plan for the
reasons outlined in the agenda report presented to this Agency and in the Summary Report
required by Section 33433 of the Redevelopment Law.
3. The Agency Board hereby approves the sale of the Property to the Buyer for
redevelopment purposes for the sum of $69,000.00 through escrow in accordance with the
terms and provisions of the Purchase Agreement, which amount is not less than the
Property's fair market value at its highest and best use in accordance with the Redevelopment
Plan for the Redevelopment Project Area.
4. Accordingly, the Agency Board hereby finds and determines that the terms
and provisions of the Purchase Agreement between the Agency and the Buyer with respect to
the sale of the Property to the Buyer, in the form as submitted by the Executive Director, are
approved.
5. The Chairman is hereby authorized and directed to execute on behalf of the
Agency the Purchase Agreement, together with any and all escrow instructions and
documents necessary and appropriate to carry out and implement the Purchase Agreement
and to administer the Agency's obligations, responsibilities and duties to be performed
thereunder.
ADOPTED this 27th day of May, 2008.
ATTEST:
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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 2ih day of May, 2008, by
the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
DIRECTORS: Smith, Cavecche, Dumitru, Bilodeau
DIRECTORS: None
DIRECTORS: Murphy
DIRECTORS: None
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