2002-081RESOLUTION NO. 2002R-81
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; ~,kND MAKING CERTAIN OTIIER
FINDINGS RELATED TItERETO
and
WHEREAS, the City of Anaheim is a Ca!ifomia municipal corporation and charter city;
WHEREAS, the Anaheim Redevelopment Agency ("Agency") is a community
redevelopment agency organized and existing under the California Community Redevelopment
Law, Health and 5a/ety 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 CILL, which property ~s located at the southeast comer of Manchester
Boulevard and Broadway, Anaheim, California and iden;:ified in Exhit)it B (':Agency Parcel"l;
and
WHEREAS, pursuant to Government Code § 3'7 ~50 the City may purchase, lease,
receive, hold, and enjoy real and personal property, and control and dispose of it~ 'for t~e common
benefit; and
WHEREAS, City desires to acquire thc.' Property Ibr public purposes and pt~blic use and
is in the implementation stages of contructing a public park with ancillary improvemer~ts
("Project"); and
$t, tIEREAS, as a part of the implementation of thc proposed Prqiect the City inifia:e6.
negotiations with the Agency to acquire the Property and both entities have ceached consensus
on the terms of the dispositio~ of the Property by the Agency to the C;.ty 'for the l"roje, ct; and
WHEREAS, if a parcel of rea! property belng acquired by the City is already
appropriated to a public use, such as the redevelopment nsc for wh. icl~ tl~e Agency acquired the
Property, and the 'use for which the Propert. y is sought to be acquired is a more necessary public
use, pursuant to Code of Civil Procedure § 1240.610 the Cib' may determine: !.ts proposed use is
a more necessary use than the use to which the. Property is now appro?riated; and
WHEREAS:. the City desires by this reso!.ution 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 cmTied out bv deed
from the Agency, as ~'antor, and the City, as grantee, substantially in thc lbrm of'the ".~eed",
a,tach,.u to this resolution as Exhibit A and fkily incorporated by this refcrepc¢.
F ,IX)CS'i~ RG PSVCS\KESOLUTN',S£ R2415A
NOW, THE CITY COUNCIL OF THE crrY OF ANAHEIM does hereby resolve,
find and determine:
Section 1.
resolution.
The foregoing recitals are tree 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 art acceptance of
arty 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 detem:ined 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 fi~al form,
as determined by the City Manager and Cit./Attorney pursuant to Section 2 above) and the
City Clerk is authorized to accept the Deed. The City Clerk is fiarther 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 tiffs Resolution.
APPROVED Aa'ND ADOPTED by the City Council of the City of Anaheirn this
April, 2002.
ATTEST:
C~ty ~lerk ~ -
23rd
day of
F ~ D.%(_ S' P };.(.' PS V C S~,R ESO [ U"£N" S S 1~ 2415A .'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-81 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 23rd day of Apdl, 2002, by the following vote of the
members thereof:
AYES:
MAYOR/COUNCIL MEMBERS: Feldhaus, Tait, Kring, McCracken, Daly
NOES:
MAYOR/COUNCIL MEMBERS: None
ABSTAINED:
MAYOR/COUNCIL MEMBERS: None
ABSENT:
MAYOR/COUNCIL MEMBERS: None
OF'THE CITY 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
EX EMPT -GOVERN MENT AGENCY Per Gov't Code 6103
By:/.~. ~ ~
City Clerk, City of Anaheim
SPACE ABOVE THIS LINE FOR RECORDER'S USE
GRANT DEED
CityDeed # 10512
FOR A VALUABLE CONSIDERATION, 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
California:
See Exhibit "A" attached hereto and incorporated by reference herein.
of Orange, State of
ANAHEIM REDEVELOPMENT AGENCY
Dated: April 23, 2002
STATE OF CALIFORNIA
COUNTY OF Orange
/ By:
{ss.
{ Title
Chairman
On April 23, 2002 beforeme, Arlette Castro By:
Personally appeared Tom Daly Title
personally know to me
~8~l~~~~to be the person(~[ whose name(X) is/aS~Tsubscribed
to the within instrument and acknowledged to me that he/]flightilY[executed the same in his~q:
their authorized capacity(~r,~, and that by his/~74~ignature00 on the instrument the person(~
or the entity on behalf of which the person~) acted, executed the instrument.
WITNESS my hand and official seal.
C:\Documents and Settings\Clong\Local Settings\Temporary Intemet Files\O LK16\Grant Deed from Agency to City.doc
EXHIBIT B
LEGAL DISCRIPTION OF AGENCY PARCEL
Parcel 2 of Parcel Map No. 90-244 in the City of Anaheim, as per map
filed in book 268, Pages 25 to 30 inclusive, of Parcel Maps, in the
office of the County Recorder of said County.
F:\DOCS\PROPSVCS\RESOLUTN~SSR2415A DOC
EXHIBIT A
Grantor: Anaheim Redevelopment Agency
Interest Conveyed: Fee Interest
Location & Right of Way/Zoning Number: southeast comer of Manchester Boulevard and Broadway
(City Deed Number 10512 )
(attach copy of Deed with Legal Description)
F:\DOCS\PROPSVCS~R_ESOLUTN~SSR2415A.DOC
Certificate of Acceptance
(fi E A L)
RESOLUTION NO. 2002R-81
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 Cldt~k of ~'~ City of Anaheim)