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RES-10259 Conveyance Authorization of City-Owned Real Property at Atchison Street to Redevelopment AgencyRESOLUTION NO. 10259 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE AUTHORIZING THE CONVEYANCE OF THAT CERTAIN CITY- OWNED REAL PROPERTY LOCATED ON THE WEST SIDE OF ATCHISON STREET, NORTH OF CHAPMAN AVENUE IN THE CITY OF ORANGE 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, the City owns that certain real property located on the west side of Atchison Street, north of Chapman Avenue in the City of Orange (the Property). 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, as authorized by Section 37350 of the Government Code of the State of California, the City Council desires to sell the Property to the Agency for the common benefit of the City; and WHEREAS, the Property consists of a remainder of a larger parcel which was acquired by the City and used in part for street purposes and, as such, is exempt from the requirement of Section 65402 of the Government Code of the State of California requiring the Planning Commission to prepare a report indicating that disposition of the Property conforms with the City's 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 Redevelopment Law; and WHEREAS, this City Council, as the lead agency under the California Environmental Quality Act (CEQA), finds and determines that the conveyance of the Property to the Agency is exempt from the provisions of CEQA under Sections 15060 and 15061 of the State CEQA Guidelines because the conveyance will not result in a direct or reasonably physical change in the environment and there is no possibility that the conveyance will have a significant effect on the environment. The transfer of ownership of the Property results in no change to the physical environment because it will continue to be used for the same use and purposes as presently existing; and WHEREAS, in accordance with the authority conferred upon the City by Section 33220 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, without consideration, for redevelopment purposes; and WHEREAS, a Grant Deed to be executed by the City has been prepared and submitted, providing for the conveyance of the Property by the City to the Agency, subject to the reservation in the City of the right to terminate all right, title and interest in and to the Property without paying any compensation or incurring any liability for damages or losses of any kind if the City Council determines that it requires the Property for street or public utility purposes; and WHEREAS, the City Council has duly considered all of the terms and conditions of the conveyance of the Property, 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, 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 conveyance of the Property is exempt from the provisions of CEQA under Sections 15060 and 15061 of the State CEQA Guidelines. 3. The City Council hereby authorizes conveyance of the Property to the Agency, without consideration but subject to the reservation in the City of the right to terminate all right, title and interest in and to the Property without paying any compensation or incurring any liability for damages or losses of any kind if the City Council determines that it requires the Property for street or public utility purposes, is for the common benefit of the City. 4. This City Council hereby authorizes and directs that the Property be conveyed to the Agency, and hereby authorizes and directs the Mayor to execute, and the City Clerk to attest, the Grant Deed on behalf of the City and to deliver the fully-executed Grant Deed in recordable form to the Agency and take all other actions necessary and appropriate to carry out, implement and administer the City's obligations thereunder. ADOPTED this lih day of February, 2008. A TTEST~ Mary E. 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 lih day of February, 2008, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: Smith, Murphy, Cavecche, Dumitru, Bilodeau COUNCILMEMBERS: None COUNCILMEMBERS: None COUNCILMEMBERS: None Mary 3