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RES-2011-160 RESOLUTION NO. 2011 -1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE ACQUISITION OF REAL PROPERTY CONSISTING OF APPROXIMATELY 2,745 SQUARE FEET OF ASSESSOR'S PARCEL NUMBER 365 -481- 13 AND AUTHORIZING THE MAYOR TO EXECUTE THE PURCHASE AND SALE AGREEMENT FOR THIS REAL PROPERTY AND AUTHORIZING THE CITY CLERK TO ACCEPT CERTAIN DEEDS CONVEYING THIS REAL PROPERTY TO THE CITY OF ANAHEIM. WHEREAS, the Prado Ridge Estates Homeowners Association ( "HOA ") is the owner of real property, which is more particularly described and depicted in Exhibits A and B, attached hereto and incorporated herein by this reference (the "Property "); and WHEREAS, the City Council of the City of Anaheim proposes to acquire the Property from the HOA pursuant to the terms and conditions of a Purchase and Sale Agreement in the form presented at this meeting (the "Purchase Agreement "); and WHEREAS, the Property has been appraised as having a fair market value of $41,175.00, and the purchase price set forth in the Purchase Agreement is in accordance with said appraisal; and WHEREAS, the City Council of the City of Anaheim believes that the acquisition of the Property for the foregoing appraised fair market value is in the City of Anaheim's best interest as the Property is necessary for the refurbishment and expansion of the City of Anaheim Public Utilities Department's Hidden Canyon Pump Station; and WHEREAS, the City Council of the City of Anaheim desires to acquire the Property for the fair market value of $41,175.00 on the terms and conditions set forth in the Purchase Agreement, and, in furtherance of the foregoing, the City Council of the City of Anaheim desires to authorize the Mayor to execute the Purchase Agreement; and WHEREAS, California Government Code section 27281 provides that deeds or grants conveying any interest in fee or easement upon real estate to a political corporation or governmental agency for public purposes shall not be accepted for recordation without the consent of the grantee evidenced by its resolution of acceptance; and WHEREAS, Section 27281 also provides that a governmental agency may, by general resolution, authorize one or more officers or agents to accept and consent to such deeds and grants; and WHEREAS, the City Council of the City of Anaheim desires to authorize the City Clerk to accept certain deeds for the Property; provided, that these deeds shall be in the form of attached as Attachments No. 2 and 5 of the Purchase Agreement ( "DEEDS ") and tendered in accordance with the terms and conditions of the that agreement NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim as follows: 1. The foregoing recitals are true and correct. 2. The City Council of the City of Anaheim hereby approves the acquisition from the HOA of a fee simple estate in and to the Property, subject to easements, covenants, rights and rights -of -way of record, for the sum of $41,175.00 in cash in accordance with the terms and conditions of the Purchase Agreement. Accordingly, the City Council of the City of Anaheim hereby finds and determines that the terms and conditions of the Purchase Agreement between the City and the HOA with respect to the acquisition of the Property, in the form as submitted with this Resolution, are approved. 3. The Mayor is hereby authorized and directed to execute, and the City Clerk to attest, on behalf of the City, the Purchase Agreement. 4. The City Clerk is hereby authorized to accept the DEEDS through the execution of the certificates of acceptance attached thereto, when these DEEDS are tendered to the City of Anaheim in accordance with the terms and conditions of the Purchase Agreement. 5. The City Manager, or his designee, is hereby authorized on behalf of the City of Anaheim, take such actions as are necessary to implement and administer the Purchase Agreement. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 15th Day of November , 20, by the following vote: AYES: Mayor Tait, Council Members Sidhu, Eastman and Murray NOES: None ABSTAIN: None ABSENT: Council Member Galloway MA OR OF THE C TY O ANAHEIM ATTES : CITY CLERK EXHIBIT 'A' Legal description for Parcel 1 That portion of Lot 'A , of Tract Map 12147, in the City of Anaheim, County of Orange, State of California, as shown on a map recorded in Book 545, pages 9 and 10 of Miscellaneous maps, in the office of the Recorder of said County being described as follows: Commencing at the most westerly corner of said Tract 12147, said point shown on said map as a "FD. SPK & WSH. STAMPED L.S.4453 PER P.M.79 -233, P.M.B.135/42 -44" on the centerline of Serrano Avenue; thence along the westerly line of said Tract, South 45 °03'29" East, 98.00 feet to the beginning of a tangent curve concave to the West, and having a radius of 381.00 feet. A radial line through said beginning of curve bears North 44 °56'31" East; thence continuing southeasterly along said westerly line through a central angle of 18 °01'08 ", an arc distance of 119.82 feet to the True Point Of Beginning; thence continuing southeasterly along said westerly line through a central angle of 3 °06'11 ", an arc distance of 20.63 feet to a point of reverse curve, concave northeasterly and having a radius of 119.00 feet; thence continuing southeasterly along said westerly line through a central angle of 29 °41'56 ", an arc distance of 61.68 feet; thence leaving said westerly line North 44 °56'31" East, 37.26 feet; thence North 45 °03'29" Wbst, 80.07 feet; thence South 44 °56'31" W ast 23.69 feet to the True Point Of Beginning. As shown on Exhibit 'B' and made part hereof. Area = 2745 square feet. F.v NANO SG Description prepared by goz E.A - r te Jj. N0. 7016 Ian Easton LS 7016 'VT/ OF CE+1 V O Q � City of Anaheim Legal description of parcel for Hidden Canyon Pump Station Survey Section Expansion Project (a portion ofAPN # 365- 481 -13) 1/24111 Drwn by: /E Chkd: )OOC Dist. Map R/W No. \\ Ian Easton PLS date Date: 1/24111 Date: )OOC 217 )0X // EXHIBIT 'B' Sketch of Parcel 1 `4,V Not to 4,;,, � Scale ti r / N )° Pant of ti / Westerly ntof oP' � ^ � �� �o Q ° 5415/9-1 0)) ■ . I 1.L'A'ND 0 9 \ Pra 2, PM 80-271 S I k ` (PMB 158/39-40) - 1- ti (Hi dden Canyon Road) c 1 � ` N0 . 7016 $ S 45° 03' 25' E I 98.00' Doc. Doc No. 85-284726 r OF GAL� �„ *, \ ` / (8414A) a` a �\ / a a � \ Rd. & PUE per Doc. No A = 18 001'08" 'S;Q�e 82- 230541 R = 381.00' \ / �O \ i L = 119.82' L3 d \ 4., o,, \ * o r s. - '4 \ \ Prcl 3, PM 80 -271 True Point of ; , 29� � ,) (PMB 158/39-40) Beginning C1 //, 4 \ -off ! arce � C2 �/ L1 v,0- \ C1 Q = 3 °06'11" R= 381.00' L = 20.63' C2 A = 29 0 41'56" R= 119.00' L = 61.68' L1 N44°56'31" E 37.26' L2 N 45 °03'29" W 80.0T Basis Of Bearings The centerline of Serrano Avenue being North 44 °5631" East L3 S 44 °56'31" W 23.69' as shown on Tract Map 12147 (Book 545 pages 9 and 10 of Miscellaneous Maps), in the office of the Recorder, Parcel 1 area = 2745 Sq. ft. County of Orange, State of California City of Sketch of parcel for Hidden Canyon Pump Station ^� Survey Section :_ Expansion Project (a portion of APN # 365- 481 -13) z ---- C ___- 1,24/11 Drwn by: !E Chkd: )OO( Dist Map R V No. Ian Easton PLS date Date: 1/24/11 Date: )00( 217 )OO(