RES-2014-050 RESOLUTION 2014- 050
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM FINDING THAT IT IS IN THE BEST INTEREST
OF THE CITY TO AUTHORIZE THE SALE OF CITY OWNED
PROPERTY LOCATED AT 2123 WEST SUNRISE AVENUE
AND AUTHORIZE CITY TO ENTER INTO A PURCHASE
AND SALE AGREEMENT WITH MASCIEL FAMILY TRUST
A, DATED MARCH 9, 1998 (ABA 2010 - 00185).
WHEREAS, the City of Anaheim ( "City ") owns that certain property, consisting
of approximately 7,395 square feet, located at 2123 West Sunrise Avenue, in the City of
Anaheim, California (hereinafter "Property "); and
WHEREAS, the Property has been used by the City as a water well site, that has
been destroyed pursuant to Well Completion Report No. 731217; and
WHEREAS, the Property will be sold "as is" and acceptance of the grant deed,
which is attached to the staff report accompanying this Resolution ( "Grant Deed "), by Masciel
Family Trust A, dated March 9, 1998 ( "Trust ") will be deemed as their acceptance to the
physical condition of the Property; and
WHEREAS, the Property is no longer required for municipal purposes; and
WHEREAS, no agency identified in the Surplus Unimproved Land Act
(California Government Code § §54222 - 54232) has, within sixty (60) days of notification by the
City, notified the City of its intention to purchase the Property; and
WHEREAS, on August 21, 2012, the City Council approved Resolution 2012 -101
to sell the Property for a fair market value of $170,000.00 ( "Fair Market Value "); and
WHEREAS, Section 1222 of the ANAHEIM City Charter authorizes the City to
sell City property for less than fair market value when the City Council finds such a sale is in the
City's best interest; and
WHEREAS, the City appraised the fair market value of the Property from
$110,000 to $170,000; therefore, it is in the best interest of the City to sell the Property for less
than the Fair Market Value set forth in Resolution 2012 -101.
NOW, THEREFORE, BE IT RESOLVED that the City Council finds and
determines, for the above stated reasons, that it is in the best interest of the City to sell the
Property for One Hundred and Twenty ($120,000.00) and hereby authorizes the sale of the
Property, which Property is more particularly described in Exhibit "A ", attached hereto and
incorporated herein.
BE IT FURTHER RESOLVED that the City Council hereby authorizes the City
to enter into a purchase and sale agreement with the Trust for the purchase of the Property. The
purchase and sale agreement is attached to the staff report accompanying this Resolution
( "Purchase and Sale Agreement ").
BE IT FURTHER RESOLVED that the City Council authorizes the Mayor to
execute the Purchase and Sale Agreement and Grant Deed. The grant deed is attached to the staff
report accompanying this Resolution.
BE IT FURTHER RESOLVED that the City Council authorizes the Public
Utilities General Manager, or his designee, on behalf of the City of Anaheim, to take such
actions as are necessary to implement and administer the Purchase and Sale Agreement.
THE FOREGOING RESOLUTION is approved and adopted by the City Council
of the City of Anaheim this 25th day of March , 2014, by the following roll call vote:
AYES: Mayor Tait, Council Members Eastman, Murray, Brandman and Kring
NOES: None
ABSENT: None
ABSTAIN: None
CITY (4,-A IM
By:
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
Alb / A
CITY CL RK OF THE CITY OF ° NAHEIM
EXHIBIT A
LEGAL DESCRIPTION
Real property in the City of Anaheim, County of Orange, State of California, described as
follows:
LOT 28 OF TRACT NO. 2878, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK
92, PAGES 33 AND 34, MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE
COUNTY.
APN: 072 - 501 -02
#99859