RES-9454 Cooperation & Reimbursement Agreement and Easement Acquisition AgreementRESOLUTION NO. 9454
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE APPROVING AND
AUTHORIZING THE EXECUTION OF (1) A
COOPERATION AND REIMBURSEMENT
AGREEMENT BY AND BETWEEN THE CITY OF
ORANGE AND THE ORANGE REDEVELOPMENT
AGENCY FOR THE ACQUISITION BY THE CITY
OF A PEDESTRIAN EASEMENT IN THE PLAZA
HISTORIC DISTRICT, AND (2) AN EASEMENT
ACQUISITION AGREEMENT BY AND BETWEEN
THE CITY OF ORANGE AND THE COURTYARD
IN ORANGE, LLC, A DELAWARE LIMITED
LIABILITY COMPANY; AND MAKING CERTAIN
FINDINGS WITH RESPECT THERETO
WHEREAS, the City of Orange (the "City") is a municipal corporation which exercises
governmental functions and powers, and is organized and existing under the laws of the State of
California; and
WHEREAS, pursuant to the Community Redevelopment Law of the State of California
Health and Safety Code Sections 33000 et seq. and herein referred to as the "Law"), the Orange
Redevelopment Agency (the "Agency") is a duly constituted redevelopment agency under the
laws of the State of California, and pursuant to such laws is responsible for carrying out the
Redevelopment Plan for the Redevelopment Project in the Southwest Redevelopment Project
redevelopment area (the "Project Area"); and
WHEREAS, the City, in accordance with its Santa Fe Depot Area Specific Plan (as
adopted by the City Council by Ordinance 4-94 on February 15, 1994) and to aid and
cooperate in the undertaking of redevelopment projects, pursuant to authority granted to it by
Section 33220 of the Law, desires to acquire a mid-block east/west pedestrian walkway easement
at 152-158 N. Glassell Street, which connects customer parking facilities located west of
N. Glassell Street with business locations along N. G1assell Street and the rest of the Plaza
Historic District;such public walkway easement constitutes the "Public Improvements" described
in the Cooperation and Reimbursement Agreement by and between the City of Orange and
the Orange Redevelopment Agency (the "
Agreement"); and WHEREAS, pursuant to Section 33445 of the Law, the Public
Improvements are provided for in the Redevelopment Plan for the Project Area, and the Agency desires
to cause their implementation by financially assisting the City in the cost of acquisition
WHEREAS, the Agency and the City have determined that the Public Improvements are
of benefit to the Project Area and the immediate neighborhood in which the Project Area is
located; that the Agency's financial participation in the acquisition of the Public Improvements
will benefit the City and that the owner of the property over which the pedestrian walkway
easement is located has the ability to maintain such improvements; and
WHEREAS, the City and the Agency have similar public purposes for the acquisition of
the Public Improvements; and
WHEREAS, in furtherance of the public purposes of the Agency and the City, the
Agency and the City desire to enter into the Agreement under which the City will pay the cost of
acquisition of the Public Improvements, and, thereafter, the Agency will reimburse the City for
the cost of the Public Improvements in the amount of Forty Thousand Five Hundred Forty
Dollars ($40,540), plus such other and customary costs as may be incurred by the City for
escrow, title and closing costs in connection with said acquisition; and
WHEREAS, there are no other reasonable means of funding the cost of the acquisition of
the Public Improvements other than the funds provided by the Agency; and
WHEREAS, The Courtyard in Orange, LLC, a Delaware limited liability company
Courtyard"), is the owner of the real property underlying the pedestrian walkway easement and
is willing to grant an easement thereover to the City; and
WHEREAS, the City Council proposes to acquire the pedestrian walkway easement
pursuant to the terms and provisions of an Easement Acquisition Agreement with Courtyard in
the form presented at this meeting and under the authority granted to it by California
Government Code Section 37350; and
WHEREAS, the interest in the real property described in the Easement Acquisition
Agreement has been appraised as having a fair market value of Forty Thousand Five Hundred
Forty Dollars ($40,540) and the purchase price payable by the City to Courtyard is not less than
said fair market value; and
WHEREAS, the City Council finds and determines that the use of the easement property
under the terms of the Easement Acquisition Agreement is within that class of projects which
consists of a minor alteration of existing facilities involving negligible or no expansion of use
beyond that previously existing and is, therefore, categorically exempt from the provisions of the
California Environmental Quality Act ("CEQAn) under Section 15301 of the State CEQA
Guidelines; and
WHEREAS, the City Council has duly considered all terms and conditions of the
proposed Easement Acquisition Agreement and believes that the acquisition of the Property
Reso No. 9454 2 TJR
1. The City Council fmds and determines that approval and execution of the
Agreement and the Easement Acquisition Agreement and the use of the easement property for the
purposes described in the Easement Acquisition Agreement are categorically exempt from CEQA
pursuant to Section 15301 ofthe State CEQA Guidelines.
2. The City Council recognizes that it has received and heard all oral and written
objections to the proposed Agreement, the Easement Acquisition Agreement and to other matters
pertaining to this transaction, and that all such oral and written objections are hereby overruled.
3. The City Council hereby determines that the Agreement is of benefit to the
Project Area, that no other reasonable means of financing the actions contemplated by the
Agreement are available to the community, and that the Public Improvements will assist in the
elimination of one or more blighting conditions inside the Project Area and are consistent with
the Implementation Plan adopted for the Project Area.
4. The City Council hereby finds and determines that the terms and provisions of the
Agreement between the City and the Agency, in the form presented at this meeting, are approved
and that the Mayor is authorized to execute, and the City Clerk to attest, the Agreement on behalf of
the City.
5. The City Council hereby consents to the undertaking of the Public Improvements
in accordance with the Agreement.
6. The City Council hereby finds and determines that the consideration to be paid by
the City for the Easement Acquisition Agreement is not less than its fair market value.
7. The public interest, convenience and necessity require, and the Council hereby
orders, the acquisition by the City from Courtyard for public purposes of the easement for the
sum of Forty Thousand Five Hundred Forty Dollars ($40,540), plus such other and customary
costs and expenses as are associated with escrow and title insurance in connection with said
acquisition and in accordance with the terms and provisions of the Agreement.
8. The Easement Acquisition Agreement and all related documents are hereby
approved and the Mayor is authorized to execute, and the City Clerk to attest, the Easement
Acquisition Agreement, together with any and all documents necessary and appropriate to carry
out and implement said Easement Acquisition Agreement, on behalf of the City.
9. The officers and employees of the City are authorized and directed, jointly and
severally, to do any and all things necessary or advisable in order to effectuate the purposes of
this resolution and to administer the City's obligations, responsibilities and duties to be performed
hereunder, and all actions previously taken by such officers and employees in connection with
the Agreement and the Easement Acquisition Agreement are ratified and approved.
Reso No. 9454 3 TJR
ADOPTED this 10th day of July, 2001.
ATTEST:
C!u"~-f-<~d&#./AU~.
Cassandra J. Cath , City Clerk of the City of Orange
I 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 10th day ofJuly, 2001 by
the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: SLATER,
COUNCILMEMBERS: NONE
COUNCILMEMBERS: NONE
COUNCILMEMBERS: NONE
ALVAREZ, MAYOR MURPHY, COONTZ, CAVECCHE
Cassandra J. Cathc
Reso No. 9454 4 TJR