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2002-077RESOLUTION NO. 2002R-77 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE ACQUISITION OF CERTAIN REAL PROPERTY FROM THE ANAHEIM REDEVELOPMENT AGENCY FOR PUBLIC PURPOSES; ACCEPTING THE DEED CONVEYING SUCH PROPERTY TO THE CITY OF ANAHEIM; AND MAKING CERTAIN OTHER FINDINGS RELATED THERETO WHEREAS, the City of Anaheim is a California municipal corporation and charter city; and WHEREAS, the Anaheim Redevelopment Agency ("Agency") is a community redevelopment agency organized and existing under the California Community Redevelopment Law, Health and Safety Code Sections 33000, et seq. ("CRL") and has been authorized to transact business and exercise the powers of a redevelopment agency pursuant to action of the City Council of the City of Anaheim ("City Council"); and WHEREAS, the Agency previously acquired certain real property for redevelopment purposes pursuant to the CRL, which property is located at 300 S. Beach Boulevard, Anaheim, Califomia and commonly referred to as the Melody Mobilehome Park ("Property"); and WHEREAS, pursuant to Government Code § 37350 the City may purchase, lease, receive, hold, and enjoy real and personal property, and control and dispose of it for the common benefit; and WHEREAS, City desires to acquire the Property for public purposes and public use and is in the planning and implementation stages of development of a police department substation and youth center with ancillary improvements ("Project"); and WHEREAS, as a part of the implementation of the proposed Project the City initiated negotiations with the Agency to acquire the Property and both entities have reached consensus on the terms of the disposition of the Property by the Agency to the City for the Project; and WHEREAS, if a parcel of real property being acquired by the City is already appropriated to a public use, such as the redevelopment use for which the Agency acquired the Property, and the use for which the Property is sought to be acquired is a more necessary public use, pursuant to Code of Civil Procedure § 1240.610 the City may determine its proposed use is a more necessary use than the use to which the Property is now appropriated; and WHEREAS, the City desires by this resolution to determine that the acquisition and use of the Property is a more necessary public use than the use to which the Property is now appropriated by the Agency; and WHEREAS, the conveyance authorized by this resolution will be carried out by deed from the Agency, as grantor, and the City, as grantee, substantially in the form of the "Deed", attached to this resolution as Exhibit A and fully incorporated by this reference. F "DOCS'iPROPSVCSSRESOLUTN\CLR2405A.DOC ti NOW, THE CITY COUNCIL OF THE CITY OF ANAHEIM does hereby resolve, find and determine: Section 1. resolution. The foregoing recitals are true and correct and a substantive part of this Section 2. It is in the best interests of the City of Anaheim to authorize acquisition of the Property from the Agency for the Project. The City initiated negotiations to acquire the Property from the Agency for the Project and determines the proposed public use for the Property is a more necessary public use than the redevelopment use for which the Agency acquired the Property. Section 3. The acquisition of the Property by the City from the Agency is hereby approved; provided however, nothing in this resolution shall be construed to be an acceptance of any parcel or property into the City street system pursuant to Streets & Highways Code § 1806. Section 4. The form of the Deed is hereby approved and City Manager is authorized to make any minor, non-substantive changes to the Deed as determined reasonably necessary, subject to approval of the City Attorney and consistent with the authorizations herein. Section 5. The Mayor is authorized to execute the Deed (when in final form, as determined by the City Manager and City Attorney pursuant to Section 2 above) and the City Clerk is authorized to accept the Deed. The City Clerk is further authorized and directed to cause the Deed to be recorded in the Office of the Recorder of the County of Orange or, in the appropriate circumstance, deposited into an escrow pertaining to the disposition of the Property. Section 6. The City Clerk shall certify to the adoption of this Resolution. APPROVED AND ADOPTED by the City Council of the City of Anaheim this 23rd April, 2002. Mawr _ day of ATTEST: ~ty Clerkr''' F:\DOCS\PROPSVCS~RESOLUTN\CLR2405A DOC EXHIBIT A Grantor: Anaheim Redevelopment Agency Interest Conveyed: Fee Interest Location & Right of Way/Zoning Number: 300 S. Beach Boulevard, Anaheim, California (City Deed Number 10505) (attach copy of Deed with Legal Description) F:\ DOCS~,PROPS V CS\RES OLU TN~,CLR2405A. DOC STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 2002R-77 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 23rd day of April, 2002, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Tait, Kdng, M¢Cracken, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSTAINED: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None ~I~'Y CLEI~ OF ~HE (~ITY OF ANAHEIM (SEAL) Recording Requested by: City Clerk of the City of Anaheim WHEN RECORDED MAIL TO: CITY CLERK CITY OF ANAHEIM P.O. Box 3222 Anaheim, Califomia 92803 EXEMPT -GOVERNMENT AGENCY Per Gov't Code 6103 By: ~..~.~ ~ · ~) Cit~ Clerk, City of Anaheim SPACE ABOVE THIS LINE FOR RECORDER'S USE GRANT DEED City Deed # 105o5 FOR A VALUABLE CONSDERATION, receipt of which is hereby acknowledged, ANAHEIM REDEVELOPMENT AGENCY, a public body, corporate and politic hereby GRANTS to the CITY OF ANAHEIM, a municipal corporation the below described real property situated in the City of Anaheim, County of California: See Exhibit "A" attached hereto and incorporated by reference herein. Orange, State of ANAHEIM REDEVELOPMENT AGENCY Dated: April 23, 2002 { By: STATE OF CALIFORNIA { SS. COUNTY OF Orange { Title On April 23, 2002 heforeme, Arlette hCastro By: Personally appeared Tom Da ly Title personally know to me 0~i~l~k X~[ffitff~/llsi~X~t~!~[Q[~l~]~!~l[to be the person(]~ whose name~l) is/~isubscribed to the within instrument and acknowledged to me that he/sl~executed the same in his/hi'TX their authorized capacity(l~, and that by his~ignature~) on the instrument the person(J~ or the entity on behalf of which the person(sXacted, executed the instrument. WITNESS mY hT~ ~~). _ Signature C:\Documents and Settings\Clong\Local Settings\Temporary lntemet Files\OLKl 6\Grant Deed from Agency to City.doc EXHIBIT "A" T~E LAND REFERRED TO IS SITUATED IN THE COUNTY OF ORANGE, STATE OF CALIFO~IA AND IS DESCRIBED AS FOLLOWS: %~AT PORTIC~ OF 5/4E S(/JrH 5 ACRES OF THE WEST 10 ACRES OF THE 5t)R'II~4EST QUARTER OF ~HE N~~ QUARTER OF S~CTIC~ 13, IN ~ 4 S(TJIH, ~ 11 WEST, IN q~E RANCHD IDS (I]YOTES, IN q~E CITY OF ANAHRD4, AS S%ITNN C~ A MAP THEREOF P.~iORDED IN BOOK 51, PAGE 7 ET S~Q., MISC~r.TAN~0US MAPS, RECDRDS OF SAID ~ B~G~ qI~E ~ ODRNER OF ~ ~ 5 ~; ~I~ENCE NORTH ~ THE EAST LTNE %HERSDF, 334.76 FEET; THENCE WEST 325.24 FEET %0 ~ WEST LINE OF ~ NO~ QUARTER OF THE NO~ Q~m/tTER OF SAID St~CTICN 13; ~ SOUIH ~ SAID WEST LT~E, 334.85 FEET %0 ~ ~ CORNER OF SAID ~ 5 ACRES; q/-IENCE EAST 325.24 FEET TO T~E POINT OF B~G~. EXC~:TIND THEREFRC~4 THAT PORTIC~ CfkNVEYSD BY MARNA G. f~AI~LL AND HL~q~AND, TO ~ STATE OF CALIFORNIA, BY DRRD P.~ODRD~D APRIL 19, 1951, IN B~OK 2178, PAc~. 80, OFFICIAL REODRDS, IN THE OFFICE OF THE (I/dNTY RECDRDER OF SA/D OP.A~I~E ~. TCGEU65R WITH THE GRANTOR'S ~NDIVIDED ONE-THIRD ~ INAND TO THE ~TER AND ~4E W~.L AND q}{E PtlV~Ilq~ PLANT LOCATED C~ A PORTIC~ OF q~E WEST 10 ACRES OF %/qE ~ qdAR~R OF %~HE I~DR~S~ QOARTER OF SECFIC~ 13, ~ 4 SOUIH, ~ 11 WEST, S.B.B.& M~, ~ O[TJNTY, CALIFORNIA. AKA: 300 SOUTH BEACH BLVD., ANAHEIM, CALIFORNIA 92804 AP# 126-602-05 Certificate of Acceptance (S E A L) RESOLUTION NO. 2002R-77 This is to certify that the interest in real property conveyed by the deed or grant dated April 23, 2002, from Grant Deed Anaheim Redevelopment Agency to the City of Anaheim, a Municipal Corporation, is hereby accepted by order of the City Council on April 23, 2002, and the grantee hereby consents to recordation thereof by its duly authorized officer. SHERYLL SCHROEDER, CITY CLERK Dated April 23, 2002 (City Cle~ oftlie City of Anaheim)--