Loading...
RES-2022-076RESOLUTION NO. 2022-076 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING A PORTION OF CITY -OWNED PROPERTY "EXEMPT SURPLUS PROPERTY" PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 54221(f)(1)(B) WHEREAS, the City owns that certain real property located at 2202 W. Falmouth Avenue in the City of Anaheim, County of Orange, State of California, APN 071-247-21; and WHEREAS, a portion of 2202 W. Falmouth Avenue consisting of approximately 4,173 square feet has not been used by the City and is not required for municipal use; and WHEREAS, the Surplus Land Act, codified in California Government Code Section 54220 et seq., ("SLA") defines "surplus land" as land owned in fee by any local agency for which the local agency's governing body takes formal action in a regular public meeting declaring that the land is "surplus land" and is not necessary for the agency's use; and WHEREAS, , the Surplus Land Act also defines "exempt surplus land" as land which meets any of the conditions provided under California Government Code Section 54221(f)(1); and WHEREAS, effective January 1, 2020, Assembly Bill (AB) 1486 amended the SLA to require the City of Anaheim ("City") to formally declare City -owned properties as "surplus land" or "exempt surplus land" prior to taking actions to dispose of such properties; and WHEREAS, a declaration of surplus land, and the issuing of notices of availability required by the SLA, is a process adopted in State law, with the intent of ensuring prioritization of affordable housing and open space; and WHEREAS, in furtherance of the intent of the SLA, on an annual basis, the City is required to report an inventory of its surplus property to the California Department of Housing and Community Development; and WHEREAS, the City may satisfy the SLA by declaring multiple parcels as "surplus land" or "exempt surplus land" on an annual basis; however, such a declaration does not obligate the City to subsequently dispose of these properties or require the City to move forward with disposition of any property; and WHEREAS, the City declares that the property located at 2202 W. Falmouth Avenue in the City of Anaheim, County of Orange, State of California, APN 071-247-21 to be "exempt surplus land" pursuant to California Government Code Section 54221(f)(1)(B) because the land is less than 5,000 square feet in area and is not contiguous to land owned by a state or local agency that is used for open -space or low- and moderate -income housing purposes; and WHEREAS, this declaration of "surplus land" or "exempt surplus land" does not obligate the City to subsequently dispose of the land and the City may in the future determine that these properties are necessary for municipal use and not move forward with any disposition of any specific property. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim as follows: Based on the above recitals, the provisions of California Government Code Section 54221 (f)(1)(B) and its independent review of Exhibit A and Exhibit B, the City Council hereby declares the property listed in Exhibit A and Exhibit B to be "exempt surplus property" because the land is less than 5,000 square feet in area and is not contiguous to land owned by a state or local agency that is used for open - space or low- and moderate -income housing purposes. 2. The City Council fords and determines that this action results in no binding commitment by the City to authorize or advance the disposition of any of the "exempt surplus property"; will not result in a direct or indirect physical change in the environment; and does not constitute an "approval" of a "project" pursuant to CEQA Guidelines Sections 15004 and 15352. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 9 day of August , 2022, by the following roll call vote: AYES: Mayor Pro Tem O'Neil and Council Members Diaz, Ma'ae, Moreno, Valencia and Faessel NOES: None ABSENT: None ABSTAIN: None [Mayoral vacancy] CITY OF ANAHEIM MAY PRO TEM OF THE CI OF ANAHEIM TTES CITY CL RK OF THE CITY OF ANAHEIM 146379 SHEET 1 OF 2 EXHIBIT "A" LEGAL DESCRIPTION APN 071-247-21 THAT PORTION OF LOT 130 OF TRACT MAP NO. 2201, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, FILED IN BOOK 63, PAGES 47-50 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 130, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE ALONG THE WESTERLY LINE OF SAID LOT NORTH 00°38'20" WEST 100.00 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF FALMOUTH AVENUE; THENCE ALONG SAID RIGHT-OF-WAY NORTH 89°21'40" EAST 20.61 FEET; THENCE LEAVING SAID RIGHT-OF-WAY SOUTH 44039'04" EAST 35.95 FEET TO THE BEGINNING OF A NON TANGENT CURVE, CONCAVE TO THE EAST, HAVING A RADIUS OF 1760.00 FEET TO WHICH A RADIAL LINE BEARS SOUTH 88°31'27" EAST; THENCE SOUTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 02°24'5111, AN ARC DISTANCE OF 74.16 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID LOT; THENCE ALONG SAID SOUTHERLY LINE SOUTH 89°21'40" WEST 44.41 FEET TO THE TRUE POINT OF BEGINNING. ALL AS SHOWN ON THE ATTACHED EXHIBIT "B" AND BY THIS REFERENCE MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF WAY AND EASEMENTS OF RECORD, IF ANY. CONTAINING 4,173 SQUARE FEET, MORE OR LESS. Legal Description prepared by or under the supervision of: * N0. 919E 9TF CA`,F Eric W. Metz, L.S. 9198 EXHIBIT B PLAT TO ACCOMPANY LEGAL DESCRIPTION BASIS OF BEARING THE CENTERLINE OF FALMOUTH AVENUE HAVING A BEARING OF W FALMOUTH AVE NORTH 89°21'40" EAST PER (R1) — - - — REFERENCES (R1) TRACT 2201, BK 63, PG 47-50, M.M. 3 cn 00 AREA SUMMARY TOTAL EXCESS RIGHT OF WAY N89°21'40"E AREA = 4,173t S.F. 20 61' LEGEND EXCESS RIGHT OF WAY LINE - CENTERLINE RIGHT-OF-WAY LINE - - LOT LINE S88" 31' 27"E (R) TIE LINE M.M. MISCELLANEOUS MAPS S.F. SQUARE FEET c APN ASSESSOR'S g PARCEL NUMBER APN 071-247-21 p ROW RIGHT OF WAY LOT 131 POR. OF LOT 13004 N T.P.O.B. TRUE POINT OF M G BEGINNING EXCESS RIGHT OF WAY R RADIAL Z o m n co v n I J mac' �.c � 1 -__ V 0I _ S89"21'40"W 44.41' T.P.O.B. * NO. 9198 OF CALF/ / -N METZ W T E SURVEYING INC 24303 WALNUT STREET, SUITE D S SANTA CLARRA, CA VNNVV METZSURVEVIND.COM PLAT CITY OF ANAHEIM, COUNTY OF ORANGE, CALIFORNIA SHEET 2 OF 2 Z DATE: 6/8/20 DRN BY: JM DES BY: CD CHK BY: EM CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Resolution No. 2022-076 adopted at a regular meeting provided by law, of the Anaheim City Council held on the 9` day of August 2022 by the following vote of the members thereof: AYES: Mayor Pro Tern O'Neil and Council Members Diaz, Ma'ae, Moreno, Valencia and Faessel NOES: None ABSTAIN: None ABSENT: None [Mayoral vacancy] IN WITNESS WHEREOF, I have hereunto set my hand this 23rd day of August, 2022. t CITY CLERK OF THE CITY OF ANAHEIM (SEAL)