RES-9832 Sale of Certain City-Owned Real Property Manchester Ave.RESOLUTION NO, 9832
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ORANGE FINDING THAT CERTAIN CITY-
OWNED REAL PROPERTY CONSISTING OF
APPROXIMATELY 12,905", SQUARE FEET LOCATED ADJACENT TO
AND EAST OF MANCHESTER AVENUE NORTH
OF SHERINGHAM STREET IN THE CITY OF ORANGE
IS SURPLUS TO THE CITY'S NEEDS; AUTHORIZING
THE SALE THEREOF TO THE ORANGE
REDEVELOPMENT AGENCY; AND APPROVING THE SUBSEQUENT
SALE THEREOF TO CITY TOWN CENTER, L,P.,
A CALIFORNIA LIMITED
PARTNERSHIP 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, as authorized by Section 37350 of the Government Code of the State
of California, the City Council desires to find and determine that that certain
irregular-shaped,unimproved City-owned real property, consisting ofapproximately 12,905",
square feet and located adjacent to and east of Manchester Avenue north of Sheringham Street in
the City of Orange (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 and should now be sold
for the common benefit of Ihe City. The Property is depicted on the map attached hereto as Exhibit
A and more particularly described on Exhibit A-I, 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 Merged Redevelopment
Project Area), which Merged Redevelopment Project Area was duly established by the City Council of the
City of Orange on November 13, 2001 by Ordinance No. 2101, pursuant to
the
Redevelopment
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 15312 of the State CEQA Guidelines; and
WHEREAS, in accordance with the authority conferred upon the City by Section 33396
of the Redevelopment Law, the City Council desires to convey the Property to the Agency for
redevelopment purposes in accordance with the terms and provisions of that certain Agreement
for the Sale of Property 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;
and WHEREAS, the Property has been appraised as having a fair market value
of 64,526.10 and the purchase price set forth in the Agency Purchase Agreement is in
accordance with said appraisal;
and WHEREAS, City Town Center, L.P., a California limited partnership (the
Developer),desires to develop a new commercial retail center consisting of three buildings totaling 58,
260 square feet on a5.1-acre site (the Project Site) located at the northeast comer
of Chapman Avenue and Manchester Place (the Project), a portion of which Project Site consists
of the Property. To that end, the Developer desires to purchase the Property from the Agency at
its fair market
value; and WHEREAS, the Agency is willing to sell the Property to the Developer at its
fair market value of $64,526.1 0 for redevelopment
purposes; and WHEREAS, the Developer proposes to acquire the Property pursuant to the
terms and provisions of a Purchase and Sale Agreement and Joint Escrow Instructions (
the Developer Purchase Agreement) to be entered inlo with the Agency in the form presented at
this meeting and under the authority granted to the Agency by Section 33396 of the
Redevelopment
Law;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 Developer Purchase Agreement by and between the Agency
and the Developer has been prepared and submitted, providing for the conveyance of the Property
by the Agency to the Developer for the purchase price and upon the terms stated
therein; and WHEREAS, after publication of notice as required by law and having made copies
of the proposed Developer Purchase Agreement, the Agency Purchase Agreement, a
Summary
pertaining to the proposed sale of the Property by the Agency to the Developer, and other reports
and documents available for public inspection and comment, a joint public hearing has been duly
held by this Agency and the City Council in accordance with Section 33433 of the
Redevelopment Law on the proposed sale of the Property by the Agency to the Developer in
accordance with the terms and provisions of the Developer Purchase Agreement; 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 and the Developer
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 activities described
therein are 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 Merged 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:
I. 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 ofCEQA under Section 15312 of the State CEQA Guidelir..es 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 of the City.
4, The City Manager is hereby authorized and directed to join the record owner of
the balance of the Project Site in signing and delivering to the Director of Public Works/City
Engineer an application for a proposed lot line adjustment under Chapter 16.32 of the Orange
Municipal Code involving the Property and the balance of the real property comprising the
Project Site and to take all actions and do all things which he may deem necessary or desirable
to comply with the terms and intent of Chapter 16.32 of the Orange Municipal Code and this
Resolution. It is hereby found that any and all prior actions taken by the City Manager with
respect to the application for the proposed lot line adjustment were valid and in conformity
with Chapter 16.32 of the Orange Municipal Code.
5, 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
3
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documents and take all other actions necessary and appropriate to carry out, implement and
administer the City's obligations thereunder.
6. The City Council hereby finds and determines that the subsequent sale of the
Property to the Developer in accordance with the terms and provisions of the Developer
Purchase Agreement will assist in the elimination of blight for the reasons outlined in the
agenda report presented to this City Council and in the summary report required by Section
33433 of the Redevelopment Law.
7. The City Council further finds and determines that the consideration to be
received by the Agency from the Developer for the sale of the Property in accordance with the
terms and provisions of the Developer Purchase Agreement is not less than the Property's fair
market value at its highest and best use in accordance with the Redevelopment Plan for the
Merged Redevelopment Project Area,
8, The City Council hereby finds and determines that the terms and provisions of
the Developer Purchase Agreement between the Agency and the Developer, in the form as
submitted by the Executive Director and executed by the Developer, are approved and that the
Chairman is authorized to execute, and the Agency Clerk to attest, the Developer Purchase
Agreement on behalf of the Agency.
ADOPTED this 23rd day of March, 2004.
LM
ity of Orange
ATTEST:
I, MARY E. MURPHY, City lerk 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 23rd day of March, 2004, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Ambriz, Alvarez, Murphy, Coontz, Cavecche
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: None
Orange
4
EXHIBIT A
MAP DEPICTING THE PROPERTY
Behind this sheet.]
n....,.._ __.._._____..
EXHIBIT A
BASIS OF BEARINGS:
THE BEARING PER TRACT NO, 2413
6- II' 37' 30"
R- 330'
L- 66,90'
T= 33.59'
AREA SUMMARY,
R I CHT OF WAY TAKE . 12.905, 22 S, F,
N61'IO'43'E
CALTRANS R/W LINE RECORDED IN DISTRICT
12,COUNTY OF ORANGE ON STATE ROUTE 5
BETWEEN POST MILES 34,0 AND 36,9
6= 49' 43' 51'
R= 120, 13'
L= 104.27'
T= 55.67'
37'46'07'
180. 13'
1 18.74'
6 1,62'
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4V L'-~<?: SO.-_,I <.:. ,,"1. ----J SI,
of,8' 00'
29'170,
00'
23.76' ,11.
90'1'.
1 1-.
1 '.1
1.1'
1.SI,l-V!
270,
42' <(
3~
p,
O.
B. -10:::
WIV!NOT
TO
SCALE
LEGEND:
32'
29' 37'
475,00'272,
76'
138,
40'
EX, R/W
LINE TOTAL
R/W
TAKE CENTER
LINE KFM ENG I
NEER I NG, INC.
26672 TOWNE
CENTRE DR I VE, "300 FOOTHILL RANCH,
CA, 92610 CITY OF ORANGE GRANT DEED
t'd ~A7 SIGNATURE
DRAWN I PM
CHKDI TK
015. w.p R/
W
NO.11124/03 DATEI 11/
03 DATE> I
1/03
EXHIBIT A-
I LEGAL DESCRIPTION OF THE
PROPERTY THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF
CALIFORNIA,COUNTY OF ORANGE, CITY OF ORANGE, AND IS DESCRIBED AS
FOLLOWS:A PORTION OF LAND IN THE CITY OF ORANGE, COUNTY OF ORANGE, STATE
OF CALIFORNIA IN LOT 37, AS PER DAWN TRACT MAP RECORDED IN BOOK OS,
PAGE 21, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY, DESCRIBED AS
FOLLOWS:BEGINNING AT THE CENTERLINE INTERSECTION OF SHERINGHAM STREET
AND MEYER STREET (NOW KNOWN AS MANCHESTER AVENUE) AS PER TRACT
MAP NO. 2413 RECORDED IN BOOK 73, PAGE 21 OF MISCELLANEOUS MAPS, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE
FOLLOWING THE CENTERLINE OF MEYER AVENUE (NOW MANCHESTER AVENUE) NORTH
0 DEGREES 12' 14" WEST A DISTANCE OF70.42 FEET TO THE BEGINNING OF
A TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 475.00
FEET;THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 32 DEGREES 29' 37" AN ARC DISTANCE OF 272.76 FEET TO A POINT ON
A TANGENT LINE; THENCE NORTH 32 DEGREES 41' 51" EAST A DISTANCE OF 43.
33 FEET; THENCE LEAVING THE CENTERLINE OF MANCHESTER AVENUE ALONG
A LINE PERPENDICULAR TO SAID CENTERLINE SOUTH 57 DEGREES IS' 09" EAST
A DISTANCE OF 2S.00 FEET TO THE EASTERLY RIGHT OF WAY LINE
OF MANCHESTER AVENUE, TO THE TRUE POINT OF BEGINNING, T. P. 0, B.;
THENCE FOLLOWING THE EASTERLY RIGHT OF WAY LINE OF MANCHESTER
AVENUE NORTH 32 DEGREES 41' 51" EAST A DISTANCE OF 9S.50 FEET;
THENCE FOLLOWING THE OLD NORTHERLY RIGHT OF WAY LINE OF OLD
MANCHESTER AVENUE NORTH 71 DEGREES 03' 22" EAST A DISTANCE OF 69.79 FEET TO
THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY HAVING A
RADIUS OF 120.13 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH
A CENTRAL ANGLE OF 49 DEGREES 43' 51" AN ARC DISTANCE OF OF104.27 FEET
TO THE BEGINNING OF A NON-TANGENT CURVE ON THE
WESTERLY CALTRANS RIGHT OF WAY LINE AS RECORDED ON CALTRANS APPRAISAL MAP
SHEET A10 OF 3S, RECORDED IN DISTRICT 12, COUNTY OF ORANGE, ON STATE
ROUTE 5 BETWEEN POST MILES 34.0 AND 36.9, SAID POINT BEING THE BEGINNING
OF A CURVE FROM WHICH A RADIAL LINE BEARS NORTH 61 DEGREES 10'
43" EAST SAID CURVE BEING CONCAVE NORTHEASTERLY AND HAVING A
RADIUS OF 330.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 11 DEGREES 37' 30" AN ARC DISTANCE OF 66.96
FEET TO THE BEGINNING OF A NON-TANGENT CURVE ON THE
SOUTHERLY RIGHT OF WAY OF OLD MANCHESTER AVENUE, SAID POINT BEING THE
BEGINNING OF A CURVE FROM WHICH A RADIAL LINE BEARS NORTH 56 DEGREES
3S' 26" WEST SAID CURVE BEING CONCAVE NORTHWESTERLY AND HAVING
A RADIUS OF IS0.13 FEET; THENCE SOUTHWESTERLY ALONG SAID
CURVE
CENTRAL ANGLE OF 37 DEGREES 46' 07" AN ARC DISTANCE OF 118.74 FEET TO A
POINT ON A TANGENT LINE; THENCE SOUTH 71 DEGREES 03' 22" WEST A
DISTANCE OF 122.71 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
SOUTHEASTERLY HAVING A RADIUS OF 170.00 FEET; THENCE SOUTHWESTERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 8 DEGREES 00' 29" AN ARC
DISTANCE OF 23.76 FEET TO THE TRUE POINT OF BEGINNING.
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