RES-ORA-0457 Acquisition Approval of Unimproved Parcel of Real PropertyRESOLUTION NO. ORA-
0457 A RESOLUTION OF THE
ORANGE REDEVELOPMENT AGENCY APPROVING
THE ACQUISITION OF AN UNIMPROVED PARCEL
OF SURPLUS REAL PROPERTY
GENERALLY LOCATED NORTH OF CHAPMAN AVENUE
ON THE EAST SIDE OF MANCHESTER
AVENUE FROM THE ORANGE
COUNTY TRANSPORTATION
AUTHORITY.WHEREAS, the Orange County Transportation Authority, a public entity (OCTA),
is the owner of approximately 13,720 square feet of unimproved real property generally located
on the east side of Manchester Avenue, north of Chapman Avenue (the Property), the majority
of which Property is located within the jurisdictional boundaries of the City of Orange. A
small portion of the Property, consisting of approximately 1,528 square feet, is located within
the jurisdictional boundaries of the City of Anaheim. The Property is more particularly described
on Exhibit A, attached hereto and incorporated herein by this reference;
and WHEREAS, OCTA has heretofore declared the Property to be surplus to its needs
and desires to sell the Property to the Orange Redevelopment Agency (Agency);
and WHEREAS, the 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), including, among other powers, the authority granted to it by
Section 33396 of the Redevelopment Law to acquire real property (located either within or outside
a redevelopment survey area) at the request of the City Council of the City of Orange that has
been declared surplus by a public entity, such as OCT A;
and WHEREAS, that portion of the Property that is located within the City of Orange
is located within the boundaries of the Orange Merged and Amended Redevelopment Project
Area;
and WHEREAS, the Agency desires to purchase the Property from OCT A for
redevelopment purposes, the extent of which is not presently known, pursuant to the terms and provisions of
that certain Purchase and Sale Agreement and Joint Escrow Instructions (the Agreement) in the
form presented at this meeting and under the authority granted to it by Section 33396 of
the Redevelopment Law;
and WHEREAS, the City Council of the City of Orange has heretofore requested the
Agency to acquire the Property from OCTA under the authority granted to it by Section 33396 of
the Redevelopment Law for the disposition by the Agency to private persons or to public or
private entities by sale or long-term lease for
development; and WHEREAS, the Property has been appraised as having a fair market value
of Sixty-nine Thousand and NollOO Dollars ($69,000.00) and the purchase price set forth in
the Agreement is in accordance with
WHEREAS, as the "lead agency" under the California Environmental Quality Act
CEQA), the acquisition of the Property by the Agency pursuant to the Agreement is categorically
exempt from the provisions of CEQA under Section 15312 (sales of surplus government property)
of the State CEQA Guidelines.
NOW, THEREFORE, the Board of Directors of the Orange Redevelopment Agency
does hereby resolve as follows:
Section 1.The foregoing recitals are true and correct.
Section 2. The acquisition by the Agency from OCTA 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 Sixty-nine Thousand and NolIOO Dollars ($69,000.00),
in cash,through escrow in accordance with the terms and provisions of the Agreement,
is
hereby approved.Section 3. The terms and provisions of the Agreement between the
Agency and OCTA with respect to the acquisition of the Property in the form as submitted by
the Executive Director and executed by OCT A are approved and all actions previously taken by
such officers and employees in connection with the Agreement are ratified
and approved.Section 4. The Chairman is hereby authorized and directed to execute,
and the Agency Clerk is hereby authorized and directed to attest, the Agreement on behalf
of the Agency, 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 the Property.Section 5. Except as otherwise provided hereinabove, the Executive
Director of the Agency is hereby authorized and directed to do any and all things to execute and
deliver any and all escrow instructions and documents, which in consultation with Agency
General Counsel, he may deem necessary or advisable in order to carry out and implement
the Agreement and otherwise effectuate the purposes of this Resolution and to administer the
Agency's obligations,responsibilities and duties to be performed
under the Agreement.ADOPTED this 12th day
ofSeptember, 2006.MMkiJ;!
1L;
ATTEST:
Mary E.
I, MARY E. MURPHY, erk of the Orange Redevelopment Agency, 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 12th day of September,
2006, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
DIRECTORS: Smith, Murphy, Cavecche, Dumitru
DIRECTORS: None
DIRECTORS: None
DIRECTORS: None
Jf::~~~
3
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
ALL THAT CERTAIN LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF
ORANGE, CITY OF ORANGE, DESCRIBED AS FOLLOWS:
That portion of parcel 200336-1 as described in a Grant Deed recorded October 20, 1994
as Instrument No. 94-0621283 of Official Records in the office of the County Recorder
of Orange County, California, together with that portion of parcel 200339-1 as described
in that certain Final Order of Condemnation, Superior court case No. 770 673, recorded August
31, 1998 as Instrument No. 19980579894 of said Official Records,
bounded as follows:Bounded Southerly by those 2 courses in that certain Grant Deed recorded August
23, 1971 in Book 9771, Page 943 of said Official
Records, described as:I) having a radius of 120.00 feet, a central 106000'05", and an arc length of222.
0l feet; and 2) South 71002'57" West,
122.36 feet.And Bounded Easterly by course numbers 8 and 9 of Parcel No. 200493-3
as described in that certain Final Order of Condemnation, Superior court case No. 772
800, recorded January 26,1998 as Instrument No.1998004l976
of said Official Records.And Bounded Northerly by the Southwesterly line of Parcel 3 of
that certain State Highway Relinquishment No. 957 recorded January 2, 1979 in Book 12986, Page
154 of said Official Records, and delineated on a map filed in Book 10, Page 30 of the State
Highway Map Book in the office of the County
Recorded of said county.And Bounded Westerly by course 8 of
the following described line:Commencing at the centerline intersection of Chapman Avenue (80
feet wide) and Manchester Avenue (Meyer Street 45 feet wide) as shown on a map recorded in Book
73, Page 22 of Miscellaneous Maps in the office of said County Recorded; thence
along said centerline of Chapman Avenue South 89026'50" East, 80.20 feet; then North 00033'10" East,
50.00 feet to the beginning of a curve concave Northeasterly and having a radius of 30.
00 feet, said point also being the Point of Beginning;
thence the following courses:I) Northwesterly 47.20 feet along said curve through a
central angle of90008'33"2) North 00041 '42" East, 255.39 feet to the beginning of
a curve concave Southeasterly and having a
radius of294.00 feet;3) Northeasterly 179.64 feet along said curve through a central angle of
35000'34" to the beginning of a reverse curve concave Westerly and having a radius of 95.
00 feet, a radial line through said point bears
South 54017'44" East;4) Northerly 145.64 feet along said curve through a central angle of
87050'22" to the beginning of a reverse curve concave Easterly and having a radius of 5.
00 feet, a radial line through said point bears South
37"
5) Northerly 7.30 feet along said curve through a central angle of 83040'05" to the
beginning of a compound curve concave Southeasterly and having a radius of 372.00
feet, a radial line through said point bears North 58028'01" West;
6) Northeasterly 13.39 feet along said curve through a central angle of 02003'45";
7) North 33035'45" East, 155.14 feet to the beginning of a curve concave Westerly and
having a radius of 503.00 feet;
8) Northerly 300.71 feet along said curve through a central angle of34015'13" to a point
on the Southwesterly line of the aforesaid Parcel 3, said point being distant thereon 226.75 feet
Southerly from the Northerly terminus of that certain course delineated as having a central
angle of"08051 '39" and a radius of 2042.00 feet".
There shall be no abutter's rights of access appurtenant to the above-described real property
in and to the adjacent State
freeway.The bearings and distances used in the above descriptions are on the California
Coordinate System of 1927, Zone 6. Multiply all distances used in the above descriptions by 1.
00002052 to obtain ground level
distances.