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87-344RESOLUTION NO. 87R-344 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM CERTIFYING T}IE INITIAL STUDY WITH RESPECT TO THE PROPOSED OWNER PARTICIPATION AGREEMENT BETWEEN THE ANAHEIM REDEVELOPMENT AGENCY AND WILLIAM E. FACKINER AND HELEN E. FACKINER, DEVELOPER; FINDING THAT THE CONSIDERATION FOR THE SALE OF THE PROPERTY THEREUNDER IS NOT LESS THAN FAIR VALUE IN ACCORDANCE WITH COVENANTS AND CONDITIONS GOVERNING SUCH SALE; AND APPROVING THE SALE OF SUCH PROPERTY AND SAID OWNER PARTICIPATION AGREEMENT. WHEREAS, the Anaheim Redevelopment Agency ("Agency") is engaged in activities necessary to execute and implement the Redevelopment Plan (the "Redevelopment Plan") for Redevelopment Project Alpha (the "Project"); and WHEREAS, in order' to implement the Redevelopment Plan, as amended, the Agency proposes to sell, pursuant to the terms and conditions of an Owner Participation Agreement, certain real pt'oper'ty ~the "Site"), described as Block 2 of Parcel 2, located at 310 W. Cypress Street in the Project; and WHEREAS, William E. Fackiner and Helen E. Fackiner (the "Developer") has submitted to the Agency a written offe¢' in the form of said Owner Participation Agreement to purchase the Site at a fair and equitable price for uses in accordance with the Redevelopment Plan; and YJHEREAS, the proposed Owner Participation Agreement contains all the provisions, terms, conditions, and obligations -~equired by State and local la~, and I'.JHEREAS, the Agency has determined that Developer possesses tl2e qualifications and financial resources necessary to acquire and ensure development of the Site and Structure in accordance with the purposes and objectives of the Redevelopment Plan; and '}~HEREAS, pursuant to such provisions of the California Community Redevelopment Law, the Agency and the City Council of the City of Anaheim (the "City Council") held a joint public hearing on the proposed sale of the Site and Structure and the p~oposed Owner Participation Agreement i and WHEREAS, the Community Redevelopment Commission of the City of Anaheim has reviewed said proposed Owner Participation Agreement and has recommended its approval by the City Council and the Agency~ and -1- WttEREAS, the Agency has prepared a Summary setting forth t}~e cost of the O~qner Participation Agreement to the Agency, the estimated value of the interest to be conveyed determined at the highest uses permitted under the Redevelopment Plan and the purchase price, and has made said Summary available for public inspection in accordance with the California Community Redevelopment Law; and ;~4HEREAS, the Agency has certified the Initial Study of Environmental Impact prepay'ed by Agency staff and has determined that sale and development of the Site pursuant to the proposed Owner Participation Agreement is in the best interest of the City and the healtk, safety, morals, and welfare of its residents, is in accord with the public purposes and provisions of applicable State and local law' and requirements~ and is necessary to effectuate the Redevelopment I*lan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANAHEIM, AS FOLLOWS: 1. The City Council hereby certifies the Initial Study with respect to the proposed Owner Participation Agreement between the Agency and the Developer and finds as follows: A. The proposed action is covered under Environmental Impact Report No. 189 and will have no significant effect on the environment. B. No substantial changes are proposed in the Redevelopment Project, or with respect to the circumstances under which the Project is to be undertaken, uhich will require major revisions in the Environmental Impact Reports previously adopted for the project due to the involvement of new environmental impacts not covered in said previous Environmental Impact Reports; and C. No subsequent Environmental Impact Report or supplement to the previous Environmental Impact Reports is necessary or requ]red. 2. The City Council hereby finds and determines that the consideration for sale of the Site pursuant to said Owner Participation Agreement is not less than fair value in accordance with covenants and conditions governing such sale. 3. The sale of the Site by tb.e Agency to 'tile Developer, and the Owner Participation Agreement, which establishes tile terms and conditions for the sale and development of the Site, are hereby approved. -2- THE FOREGOING RESOLUTION is approved and adopted by the City ,Council of the City of Anaheim, this ~ day of August !987. MAYO~~ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM LC.D¥.sp 2045C -3- CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 87R-344 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the llth day of August, 1987, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Ehrle, Hunter, Pickler, Kaywood and Bay NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 87R-344 on the llth day of August, 1987. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this llth day of August, 1987. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 87R-344 duly passed and adopted by the Anaheim City Council on August 11, 1987. CITY CLERK OF THE CITY OF ANAHEIM