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RES-ORA-0480 Acquisition Approval of Certain Unimproved Real PropertyRESOLUTION NO. ORA- 0480 A RESOLUTION OF THE ORANGE REDEVELOPMENT AGENCY APPROVING THE ACQUISITION FROM THE CITY OF ORANGE OF THAT CERTAIN UNIMPROVED REAL PROPERTY CONSISTING OF APPROXIMATELY 19,672 SQUARE FEET AND GENERALLY LOCATED ON THE WEST SIDE OF STATE COLLEGE BLVD.APPROXIMATELY 235 FEET NORTH OF THE INTERSECTION OF STATE COLLEGE BLVD. AND W. CHAPMAN AVENUE IN THE CITY OF ORANGE.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, the City is the owner of that certain irregular-shaped, unimproved real property consisting of approximately 19,672 square feet and generally located on the west side of The City Drive approximately 235 feet north of the intersection of The City Drive and 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 ofthe City of Orange on November 27,2001 by Ordinance No. 21-01, 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; 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, Section 33391 of the Law authorizes the Agency to acquire for purposes of redevelopment any real WHEREAS, the Agency proposes to acquire the Property from the City pursuant to the terms and provisions of a Purchase and Sale Agreement in the form presented at this meeting the Agency Purchase Agreement); and WHEREAS, the Property has been appraised as having a fair market value of 708,000.00 and the purchase price set forth in the Agency Purchase Agreement is m 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 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, 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 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 Proj ect 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. 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. 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 $708,000.00 in cash 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 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 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.ADOPTED this 26th day of February, 2008. ATTEST: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 26th day of February, 2008. AYES: NOES: ABSENT: ABSTAIN:COUNCILMEMBERS: Smith, Murphy, Cavecche, Dumitru, Bilodeau COUNCILMEMBERS: None COUNCILMEMBERS: None COUNCILMEMBERS: None EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY Behind this sheet.] Exhibit "A" That portion of Lots 1,2 and 37 of the Dawn Tract, as shown on a map recorded in Book 8, Page 21 of Miscellaneous Maps, records of Orange County, California, described as follows: Beginning at the South East comer of said Lot 2, said comer being also a point on the centerline of Chapman A venue; Thence northerly along the East line of said Lot 2, North 00041' 40" East a distance of 50.00 feet; Thence continuing along said easterly line, North 000 41' 40" East, a distance of 449.33 feet, more or less, a point on a non-tangent curve concave southwesterly, having a radius of 669. 99 feet, a radial bearing to said point bears North 670 39' 05" East, said point also being the North East comer of an easement granted to the City of Orange for public road and highway purposes and for public utility line purposes per document recorded March 24, 1971, in Book 9581, pages 106 through 109 Official Records, records of said county, said point being also a point on the southwesterly line of the area relinquished by The State of California Division of Highways to the City of Orange for use as a city street, per document recorded December 27, 1966, as Relinquishment of Highway Right of Way in the City of Orange, Road 07-0RA- 5-34.7, Request No. 491, in Book 8136, pages 342 through 344, said Official Records of said county, and delineated as Parcell, Frontage Road, on maps recorded on June 17, 1966 in State Highway Map Book No.4, page 5 and 6, records of said county;Thence northwesterly along said curve and along the southwesterly line of said Request No. 491,through a central angle of ISO 42' 43", an arc length of 183.73 feet;Thence continuing North 380 03' 38" West, along said southwesterly line of said Request No.491, a distance of81.96 feet to a point on the northeasterly line of Deed recorded January 3 1975 in Book 11317, Pages 611 through 617, of said Official Records.Thence South 730 37' 26" East, a distance of 101.07 feet to the northeasterly line of said Request No. 491 and a point on a non-tangent curve concave to the Southwest, having a radius of730.00 feet, a radial bearing to said point bears South 51049' 48" West;Thence Southeasterly along said curve and along said northeasterly Request No. 491 line through a central angle of 160 21' 05", an arc length of208.33 feet to an angle point;Thence South 16022' 34" West, a distance of 128.70 feet, to the beginning ofa tangent curve concave to the east, having a radius of920.00 feet;Thence southerly along said curve through a central angle of 6046' 03" an arc length of 108.67 feet to a point on the easterly line of said Lot 2 and a point of non-tangency, a radial bearing to said point bears South Thence North 00 41' 40" East, along said easterly line, a distance of 214.82 feet to the True Point of Beginning. Containing 19,672.50 S.F. z~ ~ s Thielmann R.C.E. 25742 Y Lie. Expires 12/31/09 Prepared by: Page 2 of2 EXHIBIT B MAP DEPICTING THE PROPERTY Behind this sheet.] N.E'LY UNE DEED REC. 1-3- 75 IN BOOK 11317, PAGES 611- 617,O. R.EXHIBIT" B"LOT 37 8:X ~ tb707. 07' ~,,~ C? lC;, Ii 1,-dl O~J) l 6'.il..T.p. a.B.N. E. COR.EASEMENT REC. IN BOOK 9581, PAGES 106- 109, O. R. t Q rt)DAWN TRACT LOT 20Ii j;: ~ . l! U . Q::ti~~gg~ 5 Q:: lD8lI=~uffiz~, z: J:JQ.- I;;::::g c~Q. Cl~ or- WNo~21..1. tJ h 9~~~~~ ~N25..... . or- 'It I u..=! fd~ b LUCOOQ.Q:: C7> 0 Z S THIELMANN, R.C. E. 25742 L1C. EXP. 12/ 31/09 2 .. I Z "0 J>p. a.B.S.E. COR. LOT 2, DAWN TRACT,M. M. 8- 21 PORTION OF LOT 1, M. M.8- 21 AND POR. frfl , 137-471-06 R) N S 80' 2J~ E lO rt) N PREPARED BY:DATE CHAPMAN N