RES-ORA-0432 Sale of Unimproved Real PropertyRESOLUTION NO. ORA-
0432 A RESOLUTION OF THE ORANGE
REDEVELOPMENT AGENCY APPROVING THE SALE OF
UNIMPROVED REAL PROPERTY CONSISTING OF
APPROXIMATELY 12,905:t SQUARE FEET LOCATED ADJACENT TO
AND EAST OF MANCHESTER AVENUE NORTH
OF SHERINGHAM STREET IN THE CITY OF ORANGE
TO CITY TOWN CENTER, L.P., A CALIFORNIA
LIMITED PARTNERSHIP; APPROVING RELATED
DOCUMENTS;AND MAKING CERTAIN
FINDINGS WHEREAS, the City of Orange (the City) is a municipal corporation
exerclsmg 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 is the owner of that certain irregular-shaped,
unimproved real property consisting of approximatelyl2,905:t square feet and generally located adjacent
to and east of Manchester Avenue north ofSheringham Street 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 Merged Redevelopment Project
Area), which Merged Redevelopment Project Area was duly established by the City Council of the City
of Orange on November 13, 2001 by Ordinance No. 2101, 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 of the City because it, together
with an adjacent parcel of land owned by a third party, can then be assembled and redeveloped
as a new commercial
retail center; 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
saleor
lease;
WHEREAS, the Agency proposes to acquire the Property from the City pursuant to the
terms and provisions of an Agreement for the Sale of Property in the form presented at this
meeting (the Agency Purchase Agreement); and
WHEREAS, on January 19, 2004 the Plarming Commission of the City of Orange
considered Negative Declaration No. 1724-0 (the ''NO'') for the proposed development of a
new commercial retail center consisting of three buildings totaling 58,260 square feet on a 5.
I-acre site (the Project Site) located at the northeast corner of Chapman Avenue and
Manchester Place the Project). Concluding that the Project would not have a significant adverse impact
on the environment or wildlife, the Planning Commission adopted its Resolution No.
PC-04-04 and approved Conditional Use Permit No. 2480-03, Variance No.
2134-03 and Major Site Plan Review No. 0311-03 to allow the development of the
Project on the Project
Site, which also includes the Property; and WHEREAS, City Town Center, L.
P., a California limited partnership (the Developer),desires to develop the Project on the Project Site and, to
that end, desires to purchase the Property from the
Agency at its fair market value; and WHEREAS, the Agency is willing to sell the Property
to the Developer at its
fair market value for redevelopment purposes; and WHEREAS, the Developer proposes to acquire
the Property pursuant to the terms and provisions of a Purchase And Sale
Agreement And Joint Escrow Instructions (the Developer 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
Section 33396 of the Redevelopment Law; and WHEREAS, the Property has been appraised
as having a fair market value of 64,526.10 and the purchase price set forth
in the Developer Purchase Agreement
is III 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 Developer Purchase Agreement
by and between the Agency and the Developer has been prepared and submitted, providing for
the conveyance of the Property by the Agency to the Developer 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 Developer Purchase Agreement,
the Agency Purchase Agreement, a Summary Report pertaining to the proposed sale of the Property by the
Agency to the Developer, and other reports and documents available for public inspection and
comment, ajoint 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 Developer in accordance with the terms and
provisions
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 and the Developer
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
Redevelopment Plan for the Merged 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:
I. 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 and the subsequent sale thereof to the Developer pursuant to the Developer Purchase
Agreement will not cause a significant effect on the environment under CEQA and that the
impacts occasioned by development of the Project were examined in the ND and that no
supplement to the ND or subsequent environmental documentation is necessary in connection with
the proposed conveyance of the Property to the Developer.
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 $64,526.1 0 in cash
through escrow 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 escrow
instructions and 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 the Property.5. The Agency Board hereby approves the sale of the Property to
the Developer for redevelopment purposes for the sum of $64,526.1 0 through escrow in accordance
with the terms and provisions of the Developer Purchase Agreement. Accordingly, the
Agency Board hereby finds and determines that the terms and provisions of the
Developer Purchase Agreement between the Agency and the Developer with respect to the sale of the Property
to the Developer,in the form as submitted by the Executive
Director,
are approved.3
6. The Agency Board hereby finds and determines that the subsequent sale of the
Property to the Developer in accordance with the terms and provisions of the Developer
Purchase Agreement will assist in the elimination of blight 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 and, secondly, that the consideration to be received by the Agency from
the Developer for the sale of the Property in accordance with the terms and provisions of the
Developer Purchase Agreement is not less than the Property's fair market value at its highest
and best use in accordance with the Redevelopment Plan for the Merged Redevelopment Project
Area.
7. The Chairman is hereby authorized and directed to execute on behalf of the
Agency the Developer Purchase Agreement, together with any and all escrow instructions and
documents necessary and appropriate to carry out and implement the Developer Purchase
Agreement and to administer the Agency's obligations, responsibilities and duties to be
performed thereunder.
ADOPTED this 23rd day of March, 2004
ATTEST:
Mary E.Agency Cler
I, MARY E. MURPHY, Clerk of 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 23rd day of March, 2004.
AYES:
NOES:
ABSENT:
ABSTAIN:
DIRECTORS: Ambriz, Alvarez, Murphy, Coontz, Cavecche
DIRECTORS: None
DIRECTORS: None
DIRECTORS: None
4
T----- ----- ------- -- --------
EXHIBIT A
MAP DEPICTING THE PROPERTY
Behind this sheet.]
T
EXHIBIT A
BASIS OF BEARINGS.
THE BEARING PER TRACT NO. 2413
N61' 10' 43'E
RA 1:::,.= 11'37'30'
R= 330'
L= 66.96'
T= 33.59'
AREA SUMMARY,
RIGHT OF WAY TAKE' 12,905.22 S.F.
CALTRANS R/W LINE RECORDED IN DISTRICT
12.COUNTY OF ORANGE ON STATE ROUTE 5
BETWEEN POST MILES 34.0 AND 36.9
1:::,.= 49'43'51'
R= 120. 13'
L= 104,27'
T= 55.67'
37' 46' 07'
180, 13'
I 18.74'
61.62'
122.71 '
S71'3'22'W
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TOTAL R/W TAKE
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300 FOOTHILL RANCH, CA. 92610
CITY OF ORANGE GRANT
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SIGNATURE DRAWN
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015. MAP R/W NO.11/24/03 om DATEI
11/03 DATE'
11/03 n------~--------
EXHIBIT A-
I LEGAL DESCRIPTION OF THE
PROPERTY THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF
CALIFORNIA,COUNTY OF ORANGE, CITY OF ORANGE, AND IS DESCRIBED AS
FOLLOWS:A PORTION OF LAND IN THE CITY OF ORANGE, COUNTY OF ORANGE, STATE
OF CALIFORNIA IN LOT 37, AS PER DAWN TRACT MAP RECORDED IN BOOK
08,PAGE 21, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS
FOLLOWS:BEGINNING AT THE CENTERLINE INTERSECTION OF SHERINGHAM
STREET AND MEYER STREET (NOW KNOWN AS MANCHESTER AVENUE) AS PER
TRACT MAP NO. 2413 RECORDED IN BOOK 73, PAGE 21 OF MISCELLANEOUS MAPS,
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY;
THENCE FOLLOWING THE CENTERLINE OF MEYER AVENUE (NOW
MANCHESTER AVENUE) NORTH 0 DEGREES 12' 14" WEST A DISTANCE OF70.42 FEET TO
THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY HAVING A
RADIUS OF 475.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH
A CENTRAL ANGLE OF 32 DEGREES 29' 37" AN ARC DISTANCE OF 272.76 FEET
TO A POINT ON A TANGENT LINE; THENCE NORTH 32 DEGREES 41' 51" EAST
A DISTANCE OF 43.33 FEET; THENCE LEAVING THE CENTERLINE
OF MANCHESTER A VENUE ALONG A LINE PERPENDICULAR TO SAID
CENTERLINE SOUTH 57 DEGREES 18' 09" EAST A DISTANCE OF 28.00 FEET TO THE
EASTERLY RIGHT OF WAY LINE OF MANCHESTER A VENUE, TO THE TRUE POINT
OF BEGINNING, T. P. O. B.; THENCE FOLLOWING THE EASTERLY RIGHT OF
WAY LINE OF MANCHESTER AVENUE NORTH 32 DEGREES 41' 51" EAST A
DISTANCE OF 98.50 FEET; THENCE FOLLOWING THE OLD NORTHERLY RIGHT OF
WAY LINE OF OLD MANCHESTER AVENUE NORTH 71 DEGREES 03' 22" EAST
A DISTANCE OF 69.79 FEET TO THE BEGINNING OF A TANGENT CURVE
CONCAVE NORTHERLY HAVING A RADIUS OF 120.13 FEET; THENCE
NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 49 DEGREES 43' 51"
AN ARC DISTANCE OF OF 104.27 FEET TO THE BEGINNING OF A
NON-TANGENT CURVE ON THE WESTERLY CALTRANS RIGHT OF WAY LINE AS
RECORDED ON CALTRANS APPRAISAL MAP SHEET AlO OF 38, RECORDED IN
DISTRICT 12,COUNTY OF ORANGE, ON STATE ROUTE 5 BETWEEN POST MILES 34.0 AND
36.9,SAID POINT BEING THE BEGINNING OF A CURVE FROM WHICH A
RADIAL LINE BEARS NORTH 61 DEGREES 10' 43" EAST SAID CURVE
BEING CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 330.00
FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 11 DEGREES 37' 30" AN ARC DISTANCE OF 66.96 FEET TO THE BEGINNING
OF A NON-TANGENT CURVE ON THE SOUTHERLY RIGHT OF
WAY OF OLD MANCHESTER AVENUE, SAID POINT BEING THE BEGINNING
OF A CURVE FROM WHICH A RADIAL LINE BEARS NORTH 56 DEGREES 38'
26"
CURVE BEING CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 180.13
FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 37 DEGREES 46' 07" AN ARC DISTANCE OF 118.74 FEET TO A POINT
ON A TANGENT LINE; THENCE SOUTH 71 DEGREES 03' 22" WEST A DISTANCE
OF 122.71 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
SOUTHEASTERLY HAVING A RADIUS OF 170.00 FEET; THENCE
SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 8
DEGREES 00' 29" AN ARC DISTANCE OF 23.76 FEET TO THE TRUE POINT OF
BEGINNING.