RES-ORA-0439 Acquisition Approval of Unimproved Parcel of Real PropertyRESOLUTION NO. ORA-
0439 A RESOLUTION OF THE
ORANGE REDEVELOPMENT AGENCY APPROVING,
THE ACQUISITION FOR
REDEVELOPMENT PURPOSES OF AN UNIMPROVED PARCEL
OF REAL PROPERTY GENERALLY
LOCATED NORTH OF STATE COLLEGE BOULEVARD
AND WEST OF RAMPART STREET IN THE CITY
OF ORANGE FROM THE ORANGE
COUNTY TRANSPORTATION
AUTHORITY.WHEREAS, the interest in the real property described in the attached Exhibit A (
the Property) is situated within 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 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 Orange County Transportation Authority, a public entity (SeIler),
is the owner ofthe Property, which consists of approximately 112,570 square feet and is
generally located north of State College Boulevard and west of Rampart Street in the City of Orange;
and WHEREAS, the SeIler has heretofore found and determined that the Property is
surplus to its needs and not needed for any other public purpose;
and WHEREAS, the Orange Redevelopment Agency (Agency) has been duly
created,established and authorized to transact business and exercise its powers under and pursuant to
the Redevelopment Law, including, among other powers, the authority granted to it by Section
33391 of the Redevelopment Law to acquire real property for redevelopment purposes;
and WHEREAS, the SeIler desires, and is wiIling, to seIl the Property to the
Orange Redevelopment Agency (Agency);
and WHEREAS, the Property has been appraised as having a fair market value of
Five Hundred Sixty-Four Thousand Dollars ($564,000.00) and the purchase price set forth
in the Agreement (as defined below) is in accordance with said
appraisal; and WHEREAS, the Agency proposes to acquire the Property pursuant to the
terms and provisions of a Purchase and Sale Agreement and Joint Escrow Instructions (the
Agreement) in the form presented at this meeting and under the authority granted to it by Section 33391
of the Redevelopment
Law; and WHEREAS, as the lead agency under the California Environmental
Quality Act CEQA), the acquisition of the Property by the Agency pursuant to the Agreement
exempt from the provIsIons of CEQA under Section 15312 (sales of surplus government
property) of the State CEQA Guidelines.
NOW, THEREFORE, the Board of Directors of the Orange Redevelopment Agency
does hereby resolve as follows:
Section 1.The foregoing recitals are true and correct.
Section 2. The acquisition by the Agency from the Seller 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 Five Hundred Sixty-
Four Thousand DoIlars 564,000.00), in cash, through escrow in accordance with the terms and
provisions of the Agreement,
is hereby approved.Section 3. The terms and provisions of the Agreement between
the Agency and SeIler with respect to the acquisition of the Property in the form as submitted
by the Executive Director and executed by SeIler are approved and all actions previously taken
by such officers and employees in connection with the Agreement are
ratified and approved.Section 4. The Chairman is hereby authorized and directed to
execute, and the Agency Clerk is hereby authorized and directed to attest, the Agreement on
behalf of the Agency, 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.Section 5. Except as otherwise provided hereinabove, the
Executive Director of the Agency is hereby authorized and directed to do any and all things to
execute and deliver any and all escrow instructions and documents, which in
consultation with Agency General Counsel, he may deem necessary or advisable in order to carry
out and implement the Agreement and otherwise effectuate the purposes of this Resolution
and to administer the Agency's obligations, responsibilities and duties to be
performed under the Agreement.ADOPTED this 23rd
dayof
November, 2004.t-/f!
Mark
ATTEST:
MMY~;:~
I, MARY E. MURPHY, Clerk of the 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
November, 2004, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
DIRECTORS: Ambriz, Alvarez, Murphy, Coontz, Cavecche
DIRECTORS: None
DIRECTORS: None
DIRECTORS: None
3
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
ALL THAT CERTAIN LAND SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF ORANGE, CITY OF ORANGE, DESCRIBED AS FOLLOWS:
THAT CERTAIN PARCEL OF LAND IN THE CITY OF ORANGE, COUNTY OF
ORANGE, STATE OF CALIFORNIA, DESIGNATED AS PARCEL NO. 200499-5
AND DESCRIBED AS "EXCESS" IN THE FINAL ORDER OF CONDEMNATION
RENDERED IN CASE NO. 753419, IN THE SUPERIOR COURT OF THE STATE OF
CALIFORNIA FOR THE COUNTY OF ORANGE, A COPY OF WHICH RECORDED MARCH 18,
1998 AS INSTRUMENT NO. 19980154709 OF OFFICIAL RECORDS IN THE OFFICE OF
THE COUNTY RECORDER OF SAID
COUNTY.TOGETHER WITH THAT PORTION OF LOTS 9 AND 13 OF THE "
LOCKHART TRACT" IN THE CITY OF ORANGE, COUNTY OF ORANGE, STATE
OF CALIFORNIA, AS DESCRIBED IN THAT CERTAIN GRANT DEED TO THE
STATE OF CALIFORNIA, RECORDED APRIL 07, 1997 AS INSTRUMENT NO.
19970157345 OF OFFICIAL RECORDS OF SAID COUNTY, LYING EASTERLY
AND NORTHEASTERLY OF COURSES NUMBERED (1) AND (2) IN SAID FINAL
ORDER OF CONDEMNATION RENDERED IN CASE NO.
753419.LANDS ABUTTING THE FREEWAY SHALL HAVE NO RIGHT OR EASEMENT
OF ACCESS
THERETO.THE ABOVE-DESCRIBED REAL PROPERTY IS LAND LOCKED
AND WITHOUT ANY DIRECT ACCESS TO THE FREEWAY OR TO ANY PUBLIC
OR PRIVATE ROAD. THE STATE OF CALIFORNIA IS WITHOUT OBLIGATION
OR LIABILITY TO PROVIDE ACCESS TO SAID