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RES-10263 Authorizing Sale of City-Owned Unimproved Surplus Real Property to Redevelopment AgencyRESOLUTION NO. 10263 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE FINDING THAT CERTAIN CITY-OWNED UNIMPROVED REAL PROPERTY CONSISTING OF TWO NONCONTIGUOUS PARCELS GENERALLY LOCATED ON THE SOUTH SIDE OF WEST CHAPMAN AVENUE EAST OF RAMP ART STREET IN THE CITY OF ORANGE IS SURPLUS TO THE CITY'S NEEDS AND AUTHORIZING THE SALE THEREOF TO THE ORANGE REDEVELOPMENT AGENCY FOR REDEVELOPMENT PURPOSES.WHEREAS, the City of Orange (the City) is a municipal corporation exerclSlng 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, as authorized by Section 37350 of the Government Code of the State of California, the City Council desires to find and determine that those two noncontiguous parcels of unimproved City-owned real property, consisting together of approximately 4,603 square feet and generally located on the south side of West Chapman Avenue east of Rampart Street in the City of Orange (collectively, the Property), are not needed for the purpose for which they were acquired or for any other public purpose and are, therefore, surplus real property and should now be sold for the common benefit of the City. 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 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 WHEREAS, this City Council, as the lead agency under the California Environmental Quality Act (CEQA), finds and determines that the sale of the Property is categorically exempt from the provisions ofCEQA under Section l5312 of the State CEQA Guidelines; and WHEREAS, in accordance with the authority conferred upon the City by Sections 33220 and 33396 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 for redevelopment purposes in accordance with the terms and provisions of that certain Purchase and Sale Agreement in the form presented at this meeting the Agency Purchase Agreement); 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 sale or lease for redevelopment purposes; and WHEREAS, the Property has been appraised as having a fair market value of l65,700.00 and the purchase price set forth in the Agency 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 City Council, along with the Board of Directors of the Agency, has duly considered all of the terms and conditions of the Agency 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 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 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 City Council finds and determines that the sale of the Property is categorically exempt from the provisions of CEQA under Section 15312 of the State CEQA Guidelines and,accordingly, hereby authorizes and directs the City Clerk to file a Notice of Exemption with the Orange County Clerk.3. The City Council hereby finds and determines that the Property is not needed for the purpose for which it was acquired or for any other public purpose and is, therefore, surplus real property, the sale of which to the Agency in accordance with the terms and provisions of the Agency Purchase Agreement is for the common benefit ofthe City. 4. This City Council hereby authorizes and directs that the Property be sold to the Agency pursuant to the terms and provisions of the Agency Purchase Agreement in the form presented at this meeting, and hereby authorizes and directs the Mayor to execute, and the City Clerk to attest, the Agency Purchase Agreement on behalf of the City and to sign and deliver all documents and take all other actions necessary and appropriate to carry out, implement and administer the City's obligations thereunder. ADOPTED this 26th day of February, 2008. ATTEST: 8 Mary E. , City Clerk. Clt 0 Orange 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 26th day of February. 2008, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: Smith, Murphy, Cavecche, Dumitru, Bilodeau COUNCILMEMBERS: None COUNCILMEMBERS: None COUNCILMEMBERS: None 3