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RES-ORA-0477 Acquisition Approval of City-Owned Real Property located at Atchison StreetRESOLUTION NO. ORA- 0477 A RESOLUTION OF THE ORANGE REDEVELOPMENT AGENCY APPROVING THE ACQUISITION FROM THE CITY OF ORANGE OF THAT CERTAIN CITY-OWNED REAL PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF ATCHISON STREET, NORTH OF CHAPMAN AVENUE IN THE CITY OF ORANGE.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 real property generally 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, 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, as authorized by Section 37350 of the Government Code of the State of California, the City Council has heretofore found and determined that the conveyance of the Property to the Agency is for the common benefit of the City; and WHEREAS, Section 33391 of the Law authorizes the Agency to acquire for purposes of redevelopment any real or personal property; and WHEREAS, the Agency proposes to acquire the Property from the City, without consideration, pursuant to the terms and provisions of a Grant Deed in the form presented at this meeting, 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 Board of Directors of the Agency has duly considered all of the terms and conditions of the conveyance of the Property, as set forth in the agenda report presented any testimony received at the meeting at which this matter was considered, and believes that the acquisition 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, 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: 1. The foregoing recitals are true and correct. 2. 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 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. 3. The Chairman is hereby authorized and directed to accept in the name and on behalf of the Agency the Grant Deed prior to its recordation in the Official Records of the County of Orange, and to administer the Agency's obligations, responsibilities and duties to be performed thereunder. ADOPTED this 1ih day of February, 2008 ATTEST: irt 2 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 Orange Redevelopment Agency at a regular meeting thereof held on the 1ih day of February, 2008. AYES: NOES: ABSENT: ABSTAIN: DIRECTORS: Smith, Murphy, Cavecche, Dumitru, Bilodeau DIRECTORS: None DIRECTORS: None DIRECTORS: None 3 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY Behind this sheet.] Exhibit" A" In the City of Orange, County of Orange, State of California, being that portion of Atchison Street as shown on Map of Block B of the Halladay Tract, Orange, recorded in Book 18, Page 65 of Miscellaneous Records of Los Angeles County, described as follows: Beginning at the Southwest corner of the "A.T. & S. F. R.R. Depot Grounds" as shown said Halladay Tract, said point being also a point on the northerly right-of-way of Chapman Avenue,being 66. 00 feet;Thence South 890 57' 50" East, along the southerly right-of-way of said Depot Grounds and along said northerly Chapman Avenue right-of-way, a distance of90.84 feet more or less to an angle point and the southwesterly corner of Parcel 4 of the Final Order of Condemnation recorded Nov.20, 1989 as Document No. 89-634276, Official Records, Records of Orange County, California;Thence North 450 08' 25" East, along the northwesterly line of said Parcel 4, a distance of 0.73 feet to a point on the westerly right-of-way of said Atchison Street and the True Point of Bee:innine::Thence continuing North 45008' 25" East along said westerly right-of-way and along the northwesterly line of said Parcel 4, a distance of 20.52 feet to an angle point said point being also a point on the easterly right-of-way of said Depot Grounds; ,Thence North 00014' 41" East, along said Atchison Street westerly right-of-way, a distance of 612. 55 feet to the northerly terminus of said westerly right-of-way, said point being also the westerly tenninus of the centerline of Maple Avenue;Thence South Thence leaving said centerline, South 00015' 44" West, a distance of 441.99 feet to an angle point; Thence South 13048'03" West, a distance of 62.58 feet to an angle point; Thence South 000 06' 21" West, a distance of 94.00 feet to the beginning of a tangent curve concave to the northwest, having a radius of 31.00 feet; Thence southwesterly along said curve through a central angle of 760 03' 19", an arc length of 41.15 feet to a point on the westerly right-of-way of said Atchison Street, being a point of non-tangency, and the True Point of Bee:innine:, a radial bearing to said point bears South 140 18' 59"East.Containing 12,224.28 S.F. All as shown on Exhibit "B" and by this reference made a part hereof. Prepared by:My Lic. Expires 12/ 31/09 aJ~ t~,< uf'7 Jens Thielmann R.C. E. 25742 Page EXHIBIT B MAP DEPICTING THE PROPERTY Behind this sheet.] PLAT 23.29' CITY OF ORANGE PROPERTY N 89'55'32" W E'LY R- O-W AJ. & S.F. R.R. DEPOT GROUNDS ANDW'L Y R- O- W OF ATCHISON STREETv 1, f); f"\. CO v P.O.B.SW' L Y COR. PCL 4 OF THE FINAL ORDER OF CONDEMNATION REC. 11-20-89 AS DOC. NO. 89- 634276, O. R. enen v v as 09::,,::0 a......JoO::weioo o:em~ a:: o::zO:: a:: w -. a... .U u... U (/) vi(/) w~O 0:: . 0c1d~...-~u OU t-;a::~0<( C0...-a...... J 2. 1' w v V If) bo I 1'-> I>.I~ IlJ'I I u:>. I . I v:: CfW> MAN ~AVENUE ~o& ri' vi' z::.::~ 500 eOU umW 0::O:: z N-U N . (/)u- w:: E 00:: . J(/)~ 8 i: .....0<(a... u... a... - oJ 4J 0 QJ , If)QJ v. co:? w z 1'0') 11'0') SCALE: ," = , 00' LEGEND INDICATES AREA OF DEDICATION WITHIN ATCHISON STREET Cl 6=76'03'19' T=24.24' R=31.00' L=41.15' PREPARED BY: JENS THIELUANN. R.C.E. 25742 MY lIC. EXP. 12/31/09