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RES-ORA-0432 Sale of Unimproved Real PropertyRESOLUTION NO. ORA- 0432 A RESOLUTION OF THE ORANGE REDEVELOPMENT AGENCY APPROVING THE SALE OF UNIMPROVED REAL PROPERTY CONSISTING OF APPROXIMATELY 12,905:t SQUARE FEET LOCATED ADJACENT TO AND EAST OF MANCHESTER AVENUE NORTH OF SHERINGHAM STREET IN THE CITY OF ORANGE TO CITY TOWN CENTER, L.P., A CALIFORNIA LIMITED PARTNERSHIP; APPROVING RELATED DOCUMENTS;AND MAKING CERTAIN FINDINGS 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 irregular-shaped, unimproved real property consisting of approximatelyl2,905:t square feet and generally located adjacent to and east of Manchester Avenue north ofSheringham Street in the City of Orange, County of Orange,State of California (the Property), which 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 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 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 because it, together with an adjacent parcel of land owned by a third party, can then be assembled and redeveloped as a new commercial retail center; 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 saleor lease; WHEREAS, the Agency proposes to acquire the Property from the City pursuant to the terms and provisions of an Agreement for the Sale of Property in the form presented at this meeting (the Agency Purchase Agreement); and WHEREAS, on January 19, 2004 the Plarming Commission of the City of Orange considered Negative Declaration No. 1724-0 (the ''NO'') for the proposed development of a new commercial retail center consisting of three buildings totaling 58,260 square feet on a 5. I-acre site (the Project Site) located at the northeast corner of Chapman Avenue and Manchester Place the Project). Concluding that the Project would not have a significant adverse impact on the environment or wildlife, the Planning Commission adopted its Resolution No. PC-04-04 and approved Conditional Use Permit No. 2480-03, Variance No. 2134-03 and Major Site Plan Review No. 0311-03 to allow the development of the Project on the Project Site, which also includes the Property; and WHEREAS, City Town Center, L. P., a California limited partnership (the Developer),desires to develop the Project on the Project Site and, to that end, 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 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 into 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 Property has been appraised as having a fair market value of 64,526.10 and the purchase price set forth in the Developer 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 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 Report 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, ajoint 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 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 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, 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: I. 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 and the subsequent sale thereof to the Developer pursuant to the Developer Purchase Agreement will not cause a significant effect on the environment under CEQA and that the impacts occasioned by development of the Project were examined in the ND and that no supplement to the ND or subsequent environmental documentation is necessary in connection with the proposed conveyance of the Property to the Developer. 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 $64,526.1 0 in cash through escrow 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 escrow instructions and 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 the 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.5. The Agency Board hereby approves the sale of the Property to the Developer for redevelopment purposes for the sum of $64,526.1 0 through escrow in accordance with the terms and provisions of the Developer Purchase Agreement. Accordingly, the Agency Board hereby finds and determines that the terms and provisions of the Developer Purchase Agreement between the Agency and the Developer with respect to the sale of the Property to the Developer,in the form as submitted by the Executive Director, are approved.3 6. The Agency Board 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 Agency and in the summary report required by Section 33433 of the Redevelopment Law and, secondly, 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. 7. The Chairman is hereby authorized and directed to execute on behalf of the Agency the Developer Purchase Agreement, together with any and all escrow instructions and documents necessary and appropriate to carry out and implement the Developer Purchase Agreement and to administer the Agency's obligations, responsibilities and duties to be performed thereunder. ADOPTED this 23rd day of March, 2004 ATTEST: Mary E.Agency Cler I, MARY E. MURPHY, Clerk of Orange Redevelopment Agency, 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 23rd day of March, 2004. AYES: NOES: ABSENT: ABSTAIN: DIRECTORS: Ambriz, Alvarez, Murphy, Coontz, Cavecche DIRECTORS: None DIRECTORS: None DIRECTORS: None 4 T----- ----- ------- -- -------- EXHIBIT A MAP DEPICTING THE PROPERTY Behind this sheet.] T EXHIBIT A BASIS OF BEARINGS. THE BEARING PER TRACT NO. 2413 N61' 10' 43'E RA 1:::,.= 11'37'30' R= 330' L= 66.96' T= 33.59' AREA SUMMARY, RIGHT OF WAY TAKE' 12,905.22 S.F. CALTRANS R/W LINE RECORDED IN DISTRICT 12.COUNTY OF ORANGE ON STATE ROUTE 5 BETWEEN POST MILES 34.0 AND 36.9 1:::,.= 49'43'51' R= 120. 13' L= 104,27' T= 55.67' 37' 46' 07' 180, 13' I 18.74' 61.62' 122.71 ' S71'3'22'W tLt("fly("~ '0' S t(: '- .... S1:, 4( ~ ~#.4((" fi !/ r--~.?: SO.....t" , 9/. ". J S/6= 8' 00' 29'R= 170.00'L= 23.76"T= 11.90'EX. E'LY R/ W LI NE J' 1oJ' ' J'J'.9/. I- Lf) 2 70. 42' <(O''' 3~ P.O.B. -10::: W I Lf) NOT TO SCAI.E 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 DRIVE. " 300 FOOTHILL RANCH, CA. 92610 CITY OF ORANGE GRANT DEED f~ ~.-R SIGNATURE DRAWN IPM CHItDI TK 015. MAP R/W NO.11/24/03 om DATEI 11/03 DATE' 11/03 n------~-------- 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 08,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 A VENUE ALONG A LINE PERPENDICULAR TO SAID CENTERLINE SOUTH 57 DEGREES 18' 09" EAST A DISTANCE OF 28.00 FEET TO THE EASTERLY RIGHT OF WAY LINE OF MANCHESTER A VENUE, TO THE TRUE POINT OF BEGINNING, T. P. O. B.; THENCE FOLLOWING THE EASTERLY RIGHT OF WAY LINE OF MANCHESTER AVENUE NORTH 32 DEGREES 41' 51" EAST A DISTANCE OF 98.50 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 OF 104.27 FEET TO THE BEGINNING OF A NON-TANGENT CURVE ON THE WESTERLY CALTRANS RIGHT OF WAY LINE AS RECORDED ON CALTRANS APPRAISAL MAP SHEET AlO OF 38, 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 38' 26" CURVE BEING CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 180.13 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A 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.