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RES-2014-054 RESOLUTION 2014- 054 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 A PORTION OF CITY -OWNED PROPERTY LOCATED ADJACENT TO 2020 EAST ORANGEWOOD AVENUE AND 2112 SOUTH STATE COLLEGE BOULEVARD AND AUTHORIZE CITY TO ENTER INTO A PURCHASE AND SALE AGREEMENT WITH GATEWAY APARTMENTS II LLC AND SANGSTER FAMILY LIMITED PARTNERSHIP (ABA2013- 00262). WHEREAS, the City of Anaheim ( "City ") owns a portion of that certain property, consisting of approximately 2,500 square feet, located adjacent to 2020 East Orangewood Avenue and 2112 South State College Boulevard, in the City of Anaheim, California (hereinafter "Property "); and WHEREAS, in September 1991 the City acquired land for the widening of State College Boulevard /Orangewood Avenue intersection; and WHEREAS, a portion of the land was not utilized when the intersection was widened and a portion of this land fronting Orangewood Avenue is not required for future street right -of -way; and WHEREAS, the Property is no longer required for municipal purposes and is Exempt Surplus Land, as defined by California Government Code, Section 54221, and is, therefore, exempt from the requirement for the City to provide an offer to sell to governmental agencies, non - profit organizations, affordable housing sponsors, park, recreational, enterprise zone, or school purposes; and WHEREAS, Section 1222 of the ANAHEIM City Charter authorizes the City to sell City property without advertising for bids when the City Council finds such a sale is in the City's best interest; 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 Sangster Family Limited Partnership will be deemed as their acceptance to the physical condition of the Property and condition of title; and WHEREAS, the City wishes to enter into an Agreement for the Purchase and Sale of Real Property ( "Purchase and Sale Agreement ") with Gateway Apartments II LLC and Sangster Family Limited Partnership for purchase of said Property at market value; and WHEREAS, the City has considered all the terms and conditions of the proposed Purchase and Sale Agreement and believes that the purchase of the Site is in the best interests of the City of Anaheim and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of applicable state and local laws and requirements. 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 Seventy -Five Thousand Dollars (575,000.00) 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 Gateway Apartments 11, LLC and Sangster Family Limited Partnership 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 Works Director, or her 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 1st day of April , 2014, by the following roll call vote: AYES: Mayor Tait, Council Members Eastman, Murray, Brandman and Tiring NOES: None ABSENT: None ABSTAIN:None CITY OF HEIM By: ` /47%7 R MA OF THE ITY OF ANAHEIM ATTEST: AriA1A A 'MAgRA... CITY CLERK OF THE CITY OF AN HEIM 101 014.31bmorley EXHIBIT A LEGAL DESCRIPTION EXHIBIT "A" LEGAL DESCRIPTION The and reterred to herein is situated in the State of California, County of Orange, City of Anaheim and described as follows: The southerly 25 -feet of the below - described Parcel A and Parcel B, the northerly line of said southerly 25 -feet being located 65 -feet south of and parallel with the centerline of Orangewood Avenue, said centerline also being the north line of Lot 2 of Tract No. 71, as shown on a Map recorded in Book 10, Page 22 of Miscellaneous Maps, records of Orange County, California; Parcel A: That portion of Lot 2 of Tract No. 71, in the City of Anaheim, County of Orange, State of California, as shown on a Map recorded in Book 10, Page 22, of Miscellaneous Maps, in the Office of the County Recorder of said County, descr=ibed as follows: Beginning at a point on the North line of said Lot 2, distant North 89° 59' 00" East 175.00 feet along said North line from the Southwesterly corner of Lot 3 of said Tract No. 71; thence South 0° 01' 00" East 30.00 feet; thence North 89° 59' 00" East 40.00 feet; thence South 0° 01' 00" East 60.00 feet; thence North 89° 59' 00" East 60.00 feet; thence North 0° 01' 00" West 90.00 feet to the North line of said Lot 2; thence South 69° 59' 00" West 100.00 feet along said North line to the Point of Beginning. Parcel B: That portion of Lot 2 of Tract 71, in the City of Anaheim, County of Orange, State of Califomia, as shown on a Map recorded in Book 10, Page 22 of Miscellaneous Maps, in the Office of the County Recorder of said County, described as follows: Beginning at the Southwest corner of Lot 3 of said Tract 71, said Point being also the East one - quarter of Section Corner of Section 26, Township 4 South, Range 10 West, S.B.B. & M.; running thence East along the South line of said Lot 3, 175 feet to a point; thence South along a line parallel to the Southerly extension of the West line of said Lot 3, 30 feet to the true point of beginning of the land herein described; thence East at right angles 40 feet to a point; thence South at right angles 60 feet to a point; thence West at right angles 40 feet to a point; thence North at right angles 60 feet to the true point of beginning. • APN: 083- 271 -16 and 083 - 271 -17 (portion of ) Reserving Therefrom, an easement unto Grantor for public sidewalk purposes over, upon, under, along and across the southerly 2 and '/2 feet of the above - described land.