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03.29 CalTrans Agreement Hart Park1. SUBJECT Resolution No. 11065 — A Resolution of the City Council of the City of Orange declaring public purpose and authorizing the city manager to negotiate and execute an agreement with the California Department of Transportation to acquire in fee, property located in Hart Park for public park purposes. 2. SUMMARY Adoption of Resolution No. 11065 will cause the declaring for public purpose and authorizing the city manager to negotiate and execute an agreement with the California Department of Transportation to acquire in fee, property located in Hart Park for public park purposes. 3. RECOMMENDED ACTION Adopt Resolution No. 11065. 4. FISCAL IMPACT There is no fiscal impact to the City for the adoption of this resolution. 5. STRATEGIC PLAN GOAL(S) 3. Enhance and promote quality of life in the community. b. Deliver high quality and safe recreational, social, environmental, educational, and cultural services. 6. GENERAL PLAN IMPLEMENTATION Infrastructure Element Goal 5.0 Provide recreational facilities and programs that adequately serve the needs of residents. Policy 5.1: Maintain existing City parks at levels that provide maximum recreational benefit to City residents. 7. DISCUSSION and BACKGROUND The City of Orange currently leases the southerly 200' of Hart Park from Caltrans. This is a 50- year lease that commenced in 1973 and expires in 2023. Among some of the park improvements located on this leased area include a portion of a softball field, restrooms, concrete walks, and the historic orange grove. On January 9, 2018, the City Council adopted Resolution No. 11054 authorizing the submission of a grant application to the Land and Water Conservation Fund (LWCF) for the Hart Park Exercise Circuit project. The grant requires the City to own the property upon which the improvements will be built. The purpose of Resolution No. 11065 is to inform Caltrans of the City's intent to pursue and acquire fee ownership of the leased land in Hart Park as soon as possible rather than waiting until the lease expires. Upon the adoption of Resolution No. 11065 and recordation of a certified copy thereof in the Official Records of the County of Orange, the City Manager will be authorized to negotiate and execute an agreement with Caltrans to acquire in fee the property located in Hart Park for public park purposes. 8. ATTACHMENTS • Resolution No. 11065 • Aerial photo of Hart Park showing the leased area ITEM 2 2/13/18 RESOLUTION NO. 11065 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE DECLARING PUBLIC PURPOSE AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION TO ACQUIRE IN FEE, PROPERTY LOCATED IN HART PARK FOR PUBLIC PARK PURPOSES. WHEREAS, the California Department of Transportation ( "Caltrans ") is the owner of a certain real property located in what is commonly referred to as Hart Park, in the City of Orange; and WHEREAS, The City of Orange currently has a 50 -year lease for said certain real property from Caltrans and that lease will expire on June 30, 2023; and WHEREAS, The City of Orange currently utilizes the leased real property as part of Hart Park and desires to acquire fee ownership of the said leased real property and continue to use it for public recreation and enjoyment as part of Hart Park prior to the expiration of said existing lease; and WHEREAS, the City Council desires to acquire fee interest in the said certain real property depicted as Assessor's Parcels 390 - 041 -04 and 390 - 161 -02 on the Assessor's Maps attached to this Resolution as Exhibit A and further described as legal description shown on Exhibit B; and WHEREAS, the City Council desires to authorize the City Manager, or his designee, to negotiate and execute all necessary documents in furtherance of the acquisition of the property described herein, for the purpose stated herein. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Orange as follows: Section 1. The recitals stated above are true and correct and incorporated herein by reference. Section 2. The City Clerk is hereby authorized and directed to cause a certified copy of this Resolution, attested by the City Clerk under seal, to be recorded without acknowledgement, certificate of acknowledgement, or further proof in the Official Records of the County of Orange. CITY COUNCIL MINUTES FEBRUARY 13, 2018 3. CONSENT CALENDAR (Continued) 3.27 Accepting a portion of the 2900 block of Collins Avenue into the City Street System. Resolution No. 11060. (S4000.0) A Resolution of the City Council of the City of Orange accepting a portion of the 2900 block of Collins Avenue into the City Street System. ACTION: Approved Resolution No. 11060. 3.28 Designating agents to act on behalf of the City for declared disasters as required by the California Office of Emergency Services. Resolution No. 11061. (C2500.E.6) A Resolution of the City Council of the City of Orange designating agents to act on behalf of the City for declared disasters as required by the California Office of Emergency Services. ACTION: Approved Resolution No. 11061. 3.29 Declaring public purpose and authorizing the City Manager to negotiate and execute an agreement with the California Department of Transportation to acquire in fee property located in Hart Park for public park purposes. Resolution No. 11065. (C2500.M.4.9) A Resolution of the City Council of the City of Orange declaring public purpose and authorizing the City Manager to negotiate and execute an agreement with the California Department of Transportation to acquire in fee property located in Hart Park for public park purposes. ACTION: Approved Resolution No. 11065. 3.30 Declaring public purpose and authorizing the city manager to negotiate and execute an agreement with the California Department of Transportation to acquire in fee, property located in Handy Park for public park purposes. Resolution No. 11066. (C2500.M.4.10) A Resolution of the City Council of the City of Orange declaring public purpose and authorizing the city manager to negotiate and execute an agreement with the California Department of Transportation to acquire in fee, property located in Handy Park for public park purposes. ACTION: Approved Resolution No. 11066. MOTION — Whitaker SECOND — Murphy AYES — Alvarez, Whitaker, Smith, Murphy, Nichols Mayor pro tem Murphy recorded an abstention on Item 3.11. Item 3.14 was removed from the Consent Calendar for public comment and heard separately. All other items on the Consent Calendar were approved as recommended. PAGE 8 I _ EXEMPT FROM RECORDER'S FEES Pursuant to Government Code §§ 6103 and 27383 And Per Street and Highway Code 8325 Recorded in Official Records, Orange County Hugh Nguyen, Clerk- Recorder Recording requested by and when recorded return to H II I II I I II IIII I II II II ' II City Clerk *$ 1 1 11 11 R 0 0 0 9 9 0 4 8 8 4 $ * City of Orange 2018000062814 10:45 am 02/22/18 300 East Chapman Avenue 62 417 R28 10 Orange, CA 92866 0.00 0.00 0.00 0.00 27.00 0.00 0.000.00 0.00 (SPACE ABOVE FOR RECORDER'S USE) RESOLUTION NO. 11065 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE DECLARING PUBLIC PURPOSE AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION TO ACQUIRE IN FEE PROPERTY LOCATED IN HART PARK FOR PUBLIC PARK PURPOSES.