RES-10342 Sale of City-Owned Vacant Parcel of Real Property Northwest Corner of State College Blvd. and Anaheim WayRESOLUTION NO. 10342
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE FINDING THAT CERTAIN
CITY-OWNED VACANT PARCEL OF
REAL PROPERTY CONSISTING OF
APPROXIMATELY 29,380 SQUARE FEET AND GENERALL
Y LOCATED AT THE NORTHWEST CORNER
OF STATE COLLEGE BLVD. AND ANAHEIM WAY
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
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, as authorized by Section 37350 of the Government Code of the State
of California, the City Council desires to find and determine that the parcel of vacant
City-owned real property, consisting of approximately 29,380 square feet and generally located
at the northwest comer of State College Blvd. and Anaheim Way in the City of
Orange (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 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, pursuant Section 65402 of the California Government Code,
this City Council finds and determines that the location, purpose and extent of
the proposed disposition of the Property, has been considered and reported on by the Director
of the Community Development Department of the City of Orange and that
said proposed disposition to the Agency in accordance with the terms and provisions of
that certain Purchase and Sale Agreement in the form presented at this meeting (the
Purchase Agreement)conforms to the City's adopted 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 of CEQA under Section 15312 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 the 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 1,175,000.00 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 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 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
Purchase Agreement is for the common benefit of the 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 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 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 9th day of December, 2008.
ATTEST:
of Orange
M~~range
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 9th day of December, 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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