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RES-2026-018RESOLUTION NO.2026-018 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, DECLARING PUBLIC PURPOSE AND APPROVE A PURCHASE AND SALE AGREEMENT (PSA), IN SUBSTANTIAL FORM, WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS), TO ACQUIRE PROPERTY ADJACENT TO 1251 WEST LINCOLN AVENUE (CALTRANS PARCEL NO. DK 001153-01-01) FOR PUBLIC PURPOSES FOR AN AMOUNT NOT TO EXCEED $1,389,000, BASED UPON A FINAL CALTRANS APPRAISAL; AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO EXECUTE THE PURCHASE AND SALE AGREEMENT WITH CALTRANS; AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS, OR DESIGNEE, TO TAKE ALL ACTIONS NECESSARY OR ADVISABLE TO IMPLEMENT AND ADMINISTER THE PSA WHEREAS, California Department of Transportation ("Caltrans") is the owner of a certain real property adjacent to 1251 West Lincoln Avenue (Caltrans Parcel No. DK 001153- 01-01), in the City of Anaheim (the "Property"), and Caltrans has determined the Property is surplus and available for direct sale to a public agency for public use at fair market value; and WHEREAS, the City of Anaheim ("City") is a public agency and desires to acquire fee interest in Property for public purposes, and the City is willing to pay the fair market value thereof; and WHEREAS, the City Council for the City ("City Council") now desires to approve the City's purchase of the Property on the terms and conditions set forth in the Purchase and Sale Agreement attached hereto in substantial form as Exhibit "A", and in compliance with Government Code Section 27281 document the City Council's acceptance of the deed for the Property in the form approved by the City Clerk; and WHEREAS, the City Council finds and declares that this Resolution and the actions taken herein advance and further the public convenience, public interest, and general welfare of the community, and all legal prerequisites to the adoption of this Resolution have been duly performed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim as follows: 1. The recitals stated above are true and correct and incorporated herein by reference. 1 2. The City Council hereby declares public purpose and approves a Purchase and Sale Agreement (PSA), in substantial form, with California Department of Transportation (Caltrans), to acquire property adjacent to 1251 West Lincoln Avenue (Caltrans Parcel No. DK 001153-01-01) for public purposes for an amount not to exceed $1,389,000, based upon a final Caltrans appraisal; authorizes the Director of Public Works to execute the Purchase and Sale Agreement with Caltrans; and, authorize and direct the Director of Public Works, or designee, to do any and all reasonable things and to execute and deliver any and all certificates and documents which are deemed necessary or advisable in order to acquire the Property and otherwise to effectuate the purposes of this Resolution, subject to the City Attorney's approval as to form of such documents or agreements. 3. The City Council finds that approval of the Purchase and Sale Agreement is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) because the activity is covered by the general rule that CEQA applies only to projects that have the potential to cause a significant impact on the environment. Approval of the Purchase and Sale Agreement will not result in any physical change to the environment, and any future actions, improvements, or development on the property will be subject to separate environmental review, if required. The City has no plans to develop the Property independently, and any future development will be subject to ministerial by right land use from the City, and the environmental impacts of any such development will be analyzed at the time of application and considered by the City. 4. This Resolution shall take effect from and after its date of adoption. 2 THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 3 day of March , 2026, by the following roll call vote: Mayor Aitken and Council Members Leon, Balius, AYES: Rubalcava, Kurtz, Maahs and Meeks NOES: None ABSENT: None ABSTAIN: None A T: RK OF THE CITY OF ANAHEIM 3 I: ���i► �1L�� .�CITY OF ANAHEIM Exhibit "A" To be inserted. STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION PURCHASE AND SALE AGREEMENT - PUBLIC SALE DOT RW 16-05 (REV 09/2024) THIS PURCHASE AND SALE AGREEMENT (this "Agreement") is entered into as of TBD ("Date") by and between the State of California Department of Transportation ("Caltrans") and City of Anaheim, a municipal corporation ("Purchaser"), collectively referred to as "the parties". Recitals A. Caltrans owns the real property commonly known as DK 001153-01-01 (the "Property") and more particularly described as set forth in Exhibit "A" Director's Deed Legal Description attached hereto. B. CITY OF ANAHEIM, a municipal corporation C. The parties wish to provide terms and conditions for Purchaser's purchase of the Property from Caltrans. NOW THEREFORE, the parties agree as follows: Section 1. Purchase and Sale Caltrans shall sell the Property to Purchaser and Purchaser shall purchase the Property from Caltrans on the terms and conditions stated in this Agreement. Section 2. Purchase Price The Purchase Price for the Property shall be TBD ("Purchase Price"). The Purchase Price shall be paid by Purchaser as set forth below: (a) Payment in Full: Receipt is hereby acknowledged of the Purchase in the amount of TBD ($ ) in the form of a (❑ cashier's check ❑ certified check ❑ money order 0 electronic funds transfer) made payable to the "California Department of Transportation." OR (b) Purchase Deposit: Purchase Deposit is equal to a minimum of 10% of the Purchase Price. ❑x Receipt is hereby acknowledged of the Purchase Deposit of TBD ($_) in the form of a (❑ cashier's check ❑ certified check ❑ money order ❑x electronic funds transfer) made payable to the "California Department of Transportation," which without any interest, will be applied to the Purchase Price. OR (c) Liquidated Damages: THE PARTIES AGREE THAT THE TOTAL DEPOSIT AMOUNT (PURCHASE DEPOSIT) ARE A REASONABLE SUM FOR LIQUIDATED DAMAGES SHOULD THIS TRANSACTION FAIL TO CLOSE DUE TO A MATERIAL BREACH OF THIS AGREEMENT BY PURCHASER, IN THAT, WHEN CONSIDERING ALL THE CIRCUMSTANCES EXISTING ON THE DATE OF THIS AGREEMENT, ADA Notice For individuals with sensory disabilities, this document is available in alternate formats. For alternate format information, contact the Forms Management Unit at (916) 445-1233, TTY 711, or write to Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814. STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION PURCHASE AND SALE AGREEMENT - PUBLIC SALE DOT RW 16-05 (REV 09/2024) IT WOULD BE IMPRACTICABLE OR EXTREMELY DIFFICULT TO FIX THE ACTUAL DAMAGES. EACH PARTY AGREES THAT THE FOREGOING CONSTITUTES LIQUIDATED DAMAGES AND NOT A FORFEITURE OR PENALTY. (d) Balance of Purchase Price. Purchaser shall remit sufficient funds to cover the balance of the Purchase Price TBD ($ ) ("The Balance") no later than five calendar days from written notice the California Transportation Commission (CTC) has approved the Director's Deed covering the sale tentatively scheduled for June 25-26, 2026. (e) Payments shall be delivered to Caltrans, Right of Way Division at 1750 E. 4th Street #100, Santa Ana, CA 92705. All payments including Purchase Deposit and Balance of Purchase Price must be in the form of a cashier's check, certified check, money order or electronic funds transfer made payable to the "California Department of Transportation." Caltrans does not accept personal checks. All payments will be retained by Caltrans, not placed in escrow, and no interest will accrue. Section 3. Closing and California Transportation Commission Approval Purchaser understands and agrees that this sale is subject to the approval by the CTC, tentatively scheduled for June 25-26, 2026. In the event the CTC fails to approve the sale, all monies paid by the Purchaser will be refunded without interest. Caltrans makes no representations or warranty concerning the CTC's approval of this sale. Caltrans reserves the right to reject any and all bids and cancel the sale in part or in its entirety at any time prior to recordation of the Director's Deed. In the event of cancellation of the sale and/or rejection of any bids, payments shall be refunded without interest. Title will transfer after the balance of the purchase price is received, the CTC approves the sale and the Director's Deed is recorded. Section 4. Disqualified Bids Caltrans reserves the right to reject any and all offers, and to waive any informality or irregularity in any offer or to accept any offer deemed in the best interest of Caltrans at any time prior to the recordation of the Director's Deed. Any agreement between two or more prospective bidders to set their bid prices, or not to submit bids against each other, for the purpose of purchasing any parcel at a more advantageous price or terms, is prohibited. Where such an agreement comes to the knowledge of Caltrans, any bids made pursuant to such agreement will be disqualified. The above prohibitions do not preclude single bids submitted by one or more persons or entities or both partners or joint ventures or other similar legally permissible combination. Section 5. Close of Escrow Caltrans will maintain an internal escrow at no charge to Purchaser. Purchaser may open an external escrow at Purchaser's expense., but selection of the escrow company is subject to Caltrans' approval, which Caltrans may withhold for any reason within its discretion. Should Purchaser elect to open an escrow, Purchaser and the escrow officer shall notify Caltrans by letter within 10 days from the date of the ADA Notice For individuals with sensory disabilities, this document is available in alternate formats. For alternate format information, contact the Forms Management Unit at (916) 445-1233, TTY 711, or write to Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814. STATE OF CALIFORNIA - DEPARTMENT OF TRANSPORTATION PURCHASE AND SALE AGREEMENT - PUBLIC SALE DOT RW 16-05 (REV 09/2024) auction. The notification letters shall be mailed directly to Caltrans, Right of Way Division at 1750 E. 4th Street #100, Santa Ana, CA 92705 Attn: Michael Ward . Purchaser agrees to pay any and all fees associated with the external escrow, and any and all recording fees, documentary transfer taxes or any other real estate transaction fees involved in the transaction. Section 6. Financing Financing is the responsibility of the Purchaser, together with all costs, including appraisal and loan fees, credit reports, title insurance, premiums, surveys, documentary transfer tax, escrow and recording fees, and any other charges. Section 7. Extension of The Purchase Period: There may be situations wherein the Purchaser is unable to complete the terms and conditions stated in this Agreement within the time allowed for reasons beyond his/her control. Under these circumstances, Caltrans, at its discretion, may elect to extend the purchase period. A non-refundable charge of 1 % of the Purchase Price per month will be made for such extensions. This fee will not be applied to the purchase price and is non-refundable. Section 8. Closing Costs and Prorations Purchaser shall pay all necessary City and County fees including but not limited to broker's commission, surveys, escrow, points, recording fees, documentary transfer tax fees, and the premium, if any, for the title insurance policy referred to herein, and any other real estate transaction taxes or fees by whatever name known, including any personal property sales tax, where applicable. Caltrans does not pay broker commission. Prorations of real property taxes and assessments, rents, interest, and other expenses of the property shall be prorated as of the date of recordation. Section 9. Taxes The Property is currently exempt from local taxes but will return to tax rolls upon recordation of the Director's Deed to the Purchaser. Section 10. Title The Property is believed to be free of any liens, court judgments, loans, Deeds of Trust, and delinquent or unpaid property taxes. The sale of the Property is subject to all matters of public record and any easements, or reservations not of record or that which is reserved by Caltrans. Caltrans does not assume any liability for any possible encumbrances on the Property. Purchaser understands and agrees that the right, title, and interest in the Property to be conveyed shall not exceed that vested in the State of California, Department of Transportation, and that Caltrans will furnish no policy of title insurance. If a policy of title insurance is desired, Purchaser may obtain one at Purchaser's sole expense. The property is being conveyed subject to all title exceptions, any special assessments, restrictions, reservations or easements, whether or not items are of record, and subject to ADA Notice For individuals with sensory disabilities, this document is available in alternate formats. For alternate format information, contact the Forms Management Unit at (916) 445-1233, TTY 711, or write to Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814. STATE OF CALIFORNIA - DEPARTMENT OF TRANSPORTATION PURCHASE AND SALE AGREEMENT - PUBLIC SALE DOT RW 16-05 (REV 09/2024) any reservations contained in the Director's Deed. Purchaser may examine any information Caltrans has relative to these matters. Purchaser has been given the opportunity to request and inspect all documents, if any, within Caltrans possession regarding the condition of the property. Section 11. Condition of Property Purchaser waives any further right to inspect the Property and conduct tests thereon unless otherwise agreed upon by both parties in a signed amendment to agreement. The Property is sold "AS IS" in its present physical condition as of the date of this Agreement. Purchaser acknowledges and agrees that they are acquiring the property in its present state and condition as of the date of this Agreement, with all defects, both patent and latent, and with all faults of the property whether known or unknown, presently existing or that may hereafter arise, including, without limitation, all existing conditions, if any, of lead paint, mold or other environmental health hazards. Purchaser acknowledges and agrees that Caltrans has not made, does not make and specifically negates and disclaims any representations, warranties, promises, covenants, agreements or guarantees of any kind or character whatsoever, whether express, implied, oral or written, past, present or future, of, as to, concerning or with respect to the condition of the property. Caltrans makes no representation regarding the potential for development, subdivision, zoning, or re- zoning of the Property. Purchaser shall be responsible for compliance with any and all local codes and ordinances for permitted land uses of any kind. Section 12. No Assignment Purchaser shall not assign all or any part of the Purchaser's interest in this Agreement without first having obtained the written consent of Caltrans. Any total or partial assignment shall not relieve Purchaser of Purchaser's obligation to this Agreement. Section 13. Disclaimers The Property and the fixtures and personal property contained therein, if any, are not new, and have been subject to normal wear and tear. Purchaser understands that Caltrans makes no express or implied warranty with respect to the condition of any of the Property, fixtures or personal property. Caltrans makes no oral or written representation regarding the age of improvements, the size and square footage of the parcel or building, or the location of property lines. Apparent boundary line indicators such as driveways, fences, hedges, walls, or other barriers may not represent the true boundary lines which may only be determined by a surveyor. If any of these issues are important to Purchaser's decision to purchase, then Purchaser should investigate the Property independently. Purchaser acknowledges that it has not relied upon any representations by Caltrans with respect to the condition of the Property, the status of permits, zoning, or code compliance. Purchaser is to satisfy itself concerning these issues. Section 14. Changes During Transaction During the pendency of this transaction, Caltrans agrees that no changes in the existing leases, if any leases exist, shall be made, nor new leases or rental agreements entered into, nor shall any substantial alterations or repairs be made or undertaken to the Property without the written consent of the Purchaser. ADA Notice For individuals with sensory disabilities, this document is available in alternate formats. For alternate format information, contact the Forms Management Unit at (916) 445-1233, TTY 711, or write to Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814. STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION PURCHASE AND SALE AGREEMENT - PUBLIC SALE DOT RW 16-05 (REV 09/2024) However, Caltrans cannot control vacations by tenants if tenants exercise the vacation clauses defined in their leases. Section 15. Indemnification Purchaser shall defend, indemnify, and hold Caltrans and Caltrans' elected and appointed officers, agents, and employees free and harmless from and against any and all liabilities, damages, claims, costs, and expenses (including and without limitation to attorney's fees, legal expenses and costs, and consultant's fees, and investigation and remediation costs) arising in whole or in part from the existence of Hazardous Substances or Hazardous Substance Conditions. The indemnity is intended to address that liability for which Caltrans may be responsible solely out of its mere ownership of said Property. This provision shall survive transfer of the title to said Property and any rescission of said transfer. When used in this Agreement, "Hazardous Substance" shall mean any substance whose nature and/or quantity of existence, use, manufacture, disposal of effect, render it subject to federal, state, or local regulation, investigation, remediation or removal as potentially injurious to public health or welfare, including the Comprehensive Environmental Response Compensation and Liability Act or Resource Conservation and Recovery Act as now in effect. When used in this Agreement, "Hazardous Substance Condition" shall mean the existence on or under Property of a hazardous substance that requires remediation and/or removal and/or to be otherwise mitigated pursuant to applicable law. Section 16. Destruction of Improvements If the improvements of the Property are destroyed, materially damaged, or found to be materially defective as a result of such damage prior to Close of Escrow or approval by the CTC, Purchaser may terminate the transaction by written notice delivered to Caltrans, and all Deposits shall be returned to Purchaser. Section 17. Commissions Each party represents and warrants to the other party that no broker or finder or other real estate agent is entitled to any commission, finder's fee or other compensation resulting from any action on its part. Purchaser and Caltrans each agree to indemnify the other and defend and hold harmless the other party from and against any loss, cost, or expense, including attorney's fees, incurred by such party, and against any claims, causes of action or the like brought by any broker, finder or similar agent for a commission or fee on account of this Agreement. This section does not prohibit a Purchaser from obtaining a broker at their own expense. Section 18. Effective Headings The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions. Section 19. Entire Agreement This Agreement constitutes the entire agreement between the parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations and ADA Notice For individuals with sensory disabilities, this document is available in alternate formats. For alternate format information, contact the Forms Management Unit at (916) 445-1233, TTY 711, or write to Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814. STATE OF CALIFORNIA - DEPARTMENT OF TRANSPORTATION PURCHASE AND SALE AGREEMENT - PUBLIC SALE DOT RW 16-05 (REV 09/2024) understandings of the parties. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by all the parties. Section 20. Counterparts This Agreement may be executed simultaneously in one (1) or more counterparts, each of which shall be deemed an original, but all of which shall constitute one (1) and the same instrument. Section 21. Binding on Successors and Assigns This Agreement shall be binding on, and shall inure to the benefit of, the parties to it and their respective legal representatives, successors, and assigns. Section 22. Attorney's Fees If any legal action, arbitration or other proceeding is brought involving a dispute between the parties or arising out of the execution of this Agreement or sale of the Property, each party shall bear their own attorney's fees , in addition to any other relief to which such party may be entitled. Section 23. Agreement to Perform Necessary Acts Each party agrees to perform any further acts and execute and deliver any documents that may be reasonably necessary to carry out the provisions in this Agreement. Section 24. No Third -Party Beneficiaries This Agreement is for the sole benefit of the parties hereto. There are no third -party beneficiaries, intended or otherwise. Section 25. Notices All notices, requests, demands, and other communications under this Agreement shall be in writing and shall be deemed to have been duly given on the date of service if served personally on the person to whom notice is to be given or, on the second (2nd) day after mailing if mailed to the party to whom notice is to be given, by First Class Mail, registered or certified, return receipt requested, postage prepaid and properly addressed as follows: To Caltrans at: 1750 E. 4t' Street #100, Santa Ana, CA 92705 To Purchaser at: 200 S Anaheim Blvd, Attention: Director of Public Works, 21d Floor, Anaheim, CA 92805 Any party may change its address for purposes of this paragraph by giving the other party written notice of the new address to the other party contained herein. Section 26. Governing Law This Agreement has been negotiated and entered into in the State of California and shall be governed by, construed and enforced in accordance with the laws of the State of California and according to its fair ADA Notice For individuals with sensory disabilities, this document is available in alternate formats. For alternate format information, contact the Forms Management Unit at (916) 445-1233, TTY 711, or write to Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814. STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION PURCHASE AND SALE AGREEMENT - PUBLIC SALE DOT RW 16-05 (REV 09/2024) meaning, and not in favor of or against any party. Section 27. Severability If any provision of this Agreement is held invalid or unenforceable by any court of final jurisdiction, it is the intent of the parties that all the other provisions of this Agreement be construed to remain fully valid, enforceable and binding on the parties. Section 28. Survival of Representations and Warranties All covenants, representations, warranties, and other agreements under this Agreement shall survive the Close of Escrow. Section 29. Time is of the Essence Time is of the essence and performance of this Agreement in respect to all provisions of this Agreement that specify a time for performance, and failure to comply with this provision shall be a material breach of this Agreement. Section 30. Saturdays, Sundays, and Holidays If any date by which an election or a notice must be given falls on a Saturday, Sunday or holiday, then the date by which an election or notice must be given is extended to 5:00 p.m. on the next business day following such Saturday, Sunday or holiday. Section 31. Waiver No breach of any provision of this Agreement can be waived unless in writing. Waiver of any one breach of a provision hereof shall not be deemed to be a waiver of any other breach of the same or any other provision, including the time for performance of any such provision. The exercise by a party of any provided in this Agreement or at law shall not prevent the exercise by that party of any other remedy provided in this Agreement or at law. Section 32. Default If there is a default by the Purchaser, Caltrans shall notify the Purchaser the sale is canceled and liquidated damages shall be retained. Caltrans may, at its discretion, offer the purchase to the next highest bidder(s), at the existing purchase price, or place the property in another auction. Section 33. Vesting Title shall be vested as follows: City of Anaheim, a municipal corporation Section 34. Additional Terms & Conditions Additional Terms & Conditions ❑x are / ❑ are not attached. ❑x Exhibit A - Director's Deed Legal Description ADA Notice For individuals with sensory disabilities, this document is available in alternate formats. For alternate format information, contact the Forms Management Unit at (916) 445-1233, TTY 711, or write to Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814. STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION PURCHASE AND SALE AGREEMENT - PUBLIC SALE DOT RW 16-05 (REV 09/2024) ❑ Pre Bid Registration ❑ Terms of Option to Purchase (from Public Auction Brochure) ❑x Other: Purchaser agrees to the following terms 1. Purchaser will provide updated contacts to State of California for maintenance needs and emergency access, as applicable. 2. Purchaser indemnifies and hold the State of California harmless from and against any and all claims, demands, liabilities, judgments, damages, losses, costs and expenses arising from or related to State of California's use of the 2,083 S.F. Utility Easement. 3. It is expressly made a condition herein that the conveyed property be used exclusively for a public purpose, for a period of fifteen (15) years from the recorded date of this deed; that if said property ceases to be used exclusively for a public purpose, during this fifteen (15)-year period, STATE may exercise its power of termination. In the event STATE exercises its power of termination, all title and interest to said property shall revert to the State of California, Department of Transportation, and that the interest held by GRANTEE, or its assigns, shall cease and terminate. 4. Purchaser will provide to the State perpetual access across its fee owned property for the purpose of providing ingress and egress to the adjacent State right of way area for enabling State to maintain the freeway structure/soundwall. The State land between the State R/W and the existing soundwall shall be free from permanent improvements and accessible to the State. 5. . I agree that by providing my electronic signature for this form, I agree to conduct business transactions by electronic means and that my electronic signature is the legal binding equivalent to my handwritten signature. I hereby agree that my electronic signature represents my execution or authentication of this form, and my intent to be bound by it. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same Agreement. In order to expedite the transaction contemplated herein, to the extent allowable under applicable Law, ADA Notice For individuals with sensory disabilities, this document is available in alternate formats. For alternate format information, contact the Forms Management Unit at (916) 445-1233, TTY 711, or write to Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814. STATE OF CALIFORNIA - DEPARTMENT OF TRANSPORTATION PURCHASE AND SALE AGREEMENT - PUBLIC SALE DOT RW 16-05 (REV 09/2024) telecopied signatures or signatures transmitted by electronic mail in so-called "pdf" format may be used in place of original signature on this agreement. Purchaser and Caltrans intend to be bound by the signatures on the telecopied or e-mailed document, are aware that the other party will rely on the telecopied or e-mailed signatures which shall be of the same force and effect as hand-written signatures, and hereby waive any defense to the enforcement of the terms of this Agreement based on such telecopied or e-mailed signatures. [Signatures Appear on Following Page] ADA Notice For individuals with sensory disabilities, this document is available in alternate formats. For alternate format information, contact the Forms Management Unit at (916) 445-1233, TTY 711, or write to Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814. STATE OF CALIFORNIA - DEPARTMENT OF TRANSPORTATION PURCHASE AND SALE AGREEMENT - PUBLIC SALE DOT RW 16-05 (REV 09/2024) IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. Recommended for Approval by: STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION a Michael Ward, Right of Way Agent APPROVED: in Alma H. Villanueva, Branch Chief - Excess Lands PURCHASER: CITY OF ANAHEIM, a municipal corporation By: Name: Title: ATTEST: By City Clerk of the City of Anaheim APPROVED AS TO FORM: ROBERT FABELA, CITY ATTORNEY am Bryn M. Morley Deputy City Attorney 156744 Dated: Dated: Dated: ADA Notice For individuals with sensory disabilities, this document is available in alternate formats. For alternate format information, contact the Forms Management Unit at (916) 445-1233, TTY 711, or write to Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814. RECORDING REQUESTED BY DEPARTMENT OF TRANSPORTATION WHEN RECORDED MAIL TO. - STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION 1750 E. 4T" STREET, SUITE 100 SANTA ANA, CALIFORNIA 92705 ATTN: ALMA VILLANUEVA R/W EXCESS LANDS This office is exempt from filing fees under Government Code 6103 & 27383. No tax due for Revenue & Taxation Code 11922. Written by: BM Checked by: TA EA: OROOD Space above this line for Recorder's Use R/W Map No.: E120181 DIRECTOR'S DEED QUITCLAIM District County Route Postmile Number 12 ORA 5 38.9 DK 00 1153-01 -01 The State of California, acting by and through its Director of Transportation, hereinafter called STATE, hereby releases and quitclaims to The City of Anaheim, A MUNICIPAL CORPORATION, herein after called GRANTEE, all right, title and interest in and to all that real property in the city of Anaheim, County of Orange, State of California, described as follows: PARCEL DK 001153-01-01 See Attached Exhibit "A" and Exhibit " B" for Legal Description and Plat. Reserving therefrom: PARCEL 001153-1 See Attached Exhibit "A" and Exhibit "B" for Legal Description and Plat. MAIL TAX STATEMENTS TO: CITY CLERK, CITY OF ANAHEIM, P.O. BOX 3222, ANAHEIM, CA, 92803 Number DK 00 1153-01 -01 It is expressly made a condition herein that the conveyed property be used exclusively for a public purpose, for a period of fifteen (15) years from the recorded date of this deed; that if said property ceases to be used exclusively for a public purpose, during this fifteen (15)-year period, STATE may exercise its power of termination. In the event STATE exercises its power of termination, all title and interest to said property shall revert to the State of California, Department of Transportation, and that the interest held by GRANTEE, or its assigns, shall cease and terminate. Subject to special assessments if any, restrictions, reservations, and easements of record. Subject also to the following, in accordance with U.S. DOT Order 1050.2A, DOT Standard Title VI Assurances and Non -Discrimination Provisions: A. The GRANTEE, for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that: In the event facilities are constructed, maintained, or otherwise operated on the property described in this deed for a purpose for which a U.S. Department of Transportation activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the GRANTEE will maintain and operate such facilities and services in compliance with all requirements imposed by the Acts and Regulations (as may be amended) such that no person on the grounds of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities. B. In the event of breach of any of the above Non-discrimination covenants, the STATE will have the right to enter or re-enter the lands and facilities thereon, and the above described lands and facilities will there upon revert to and vest in and become the absolute property of the STATE and its assigns. EXHIBIT "A" LEGAL DESCRIPTION PARCEL DK 001153-01-01 BEING THOSE PORTIONS OF THE FOLLOWING, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA: LOT 34 OF ANAHEIM EXTENSION, AS SHOWN ON A MAP OF SURVEY BY WILLIAM HAMEL, A COPY OF WHICH IS SHOWN IN BOOK 3, PAGES 163 THROUGH 165 OF "LOS ANGELES COUNTY MAPS" IN THE OFFICE OF THE ORANGE COUNTY RECORDER OLD WILSHIRE AVENUE AND OLD LINCOLN AVENUE AS DEDICATED ON TRACT 5444, AS SHOWN ON A MAP FILED IN BOOK 210, PAGES 28 AND 29 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY PARCEL 1153, AS DESCRIBED IN A DEED TO THE STATE OF CALIFORNIA, RECORDED JULY 2, 1954, IN BOOK 2762 PAGE 351, OF OFFICIAL RECORDS OF SAID ORANGE COUNTY PARCEL 1154, AS DESCRIBED IN A DEED TO THE STATE OF CALIFORNIA, RECORDED FEBRUARY 3, 1956, IN BOOK 3381, PAGE 147, OF OFFICIAL RECORDS OF SAID ORANGE COUNTY PARCEL 10, OF RELINQUISHMENT 307, RECORDED DECEMBER 3, 1964, IN BOOK 7329 PAGES 848 THROUGH 875 INCLUSIVE, OF OFFICIAL RECORDS OF SAID ORANGE COUNTY LYING NORTHERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE CENTERLINE INTERSECTION OF PEARL STREET, 60 FEET WIDE, AND WILSHIRE AVENUE, 80 FEET WIDE, AS SAID INTERSECTION SHOWN ON CALTRANS MONUMENTATION MAP SM0697, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA PER MAP FILED IN BOOK 14, PAGES 23 THROUGH 27 OF THE STATE HIGHWAY MAP BOOK, RECORDED JUNE 28, 2007 AS INSTRUMENT NUMBER 2007000411010 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE LEAVING SAID CENTERLINE INTERSECTION, SOUTH 07028'02" EAST 40.00 FEET TO A POINT ON THE SOUTHERLY LINE OF WILSHIRE AVENUE AS SHOWN ON SAID MONUMENTATION MAP; THENCE SOUTH 82°31'58" WEST, 18.42 FEET ALONG SAID SOUTHERLY LINE OF WILSHIRE AVENUE TO THE BEGINNING OF A CURVE, CONCAVE NORTHERLY AND HAVING A RADIUS OF 210.00 FEET; 1/3 THENCE WESTERLY, 109.83 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 29057'49" TO THE POINT OF BEGINNING, A RADIAL LINE TO SAID POINT BEARS SOUTH 22029'47" WEST; THENCE NON -TANGENT FROM SAID CURVE, SOUTH 49013'28" EAST, 250.47 FEET TO A POINT HEREIN AFTER REFERRED TO AS POINT "A"; THENCE NORTH 81 °30'16" EAST, 313.72 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 42.77 FEET; THENCE NORTHEASTERLY 40.57 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 54021'06" TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 50.00 FEET, A 50.00 FOOT RADIAL LINE TO SAID CURVE BEARS SOUTH 59059'37" EAST; THENCE NORTHERLY 21.46 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 24035'09" TO THE MOST SOUTHERLY CORNER OF SEGMENT 4, OF RELINQUISHMENT MAP R120018, RECORDED MAY 19, 2005, AS SHOWN IN BOOK 13, PAGES 40 THROUGH 43 INCLUSIVE OF THE STATE HIGHWAY MAP BOOK AND RECORDED AS INSTRUMENT NUMBER 2005000595504 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY. THERE SHALL BE NO ABUTTER'S RIGHTS, INCLUDING RIGHTS OF ACCESS, APPURTENANT TO THE ABOVE -DESCRIBED REAL PROPERTY IN AND TO THE ADJACENT STATE FREEWAY OVER AND ACROSS THE FOLLOWING HEREIN BEFORE DESCRIBED COURSES: 1. ALONG THAT PARTICULAR CURVE COURSE HAVING A RADIUS OF 42.77 FEET, A CENTRAL ANGLE OF 54021'06", AND A LENGTH OF 40.57 FEET. 2. NORTH 81 °30'16" EAST A DISTANCE OF 313.72 FEET. PARCEL 001153-1 RESERVING UNTO THE STATE OF CALIFORNIA (GRANTOR), ITS SUCCESSORS AND ASSIGNS, A PERMANENT UTILITY EASEMENT, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT HEREIN BEFORE MENTIONED POINT "A"; THENCE NORTH 81 °30'16" EAST, 1.56 FEET; THENCE NORTH 39048'20" WEST, 83.21 FEET; THENCE NORTH 00039'31" EAST, 89.34 FEET TO THE SOUTHERLY LINE OF SAID WILSHIRE AVENUE; 2/3 THENCE SOUTH 82031'58" WEST, 15.15 FEET, ALONG SAID SOUTHERLY LINE OF WILSHIRE AVENUE; THENCE LEAVING SAID SOUTHERLY LINE, SOUTH 00039'31" WEST, 93.91 FEET; THENCE SOUTH 49013'28" EAST, 88.21 FEET TO THE POINT OF BEGINNING. THE BEARINGS AND DISTANCES IN THE ABOVE DESCRIPTION ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM OF 1983, ZONE 6, 1991.35 EPOCH. DIVIDE ALL GRID DISTANCES USED IN THE ABOVE DESCRIPTION BY 0.99999134 TO OBTAIN GROUND LEVEL DISTANCES. ALL AS SHOWN ON A MAP ENTITLED EXHIBIT " B", ATTACHED HERETO AND MADE A PART THEREOF. THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT. SIGNATURE: DATE: 10/31/2025 Bryan Maurer, P.L.S. 10011 LAND CO o BRYAN MAURER `o No. 10011 if :OF 6\�F'P/ 3/3 - W LAND ; 5�10 - (1) °° J I 0 CJ� j� �o BRYAN MAURER o� fx I w (J�) No. 10011 S\2 ° Q W I v STq F Fkj �Y I cc NG �q0� o W 292.19' _ . OF CA P.O.C. z S82° 31 58 _ E AVENUE Q \ P.O.B — W ILSHIR Cg I� 582031 58 W 310 61 186.06 09 \ \ rF DD 073852-02-01 \ X1511NG F I S2I/s L2 I Qr�i I SEE DETAIL N PAGE 2 ( S77°02'33"E -------\ (RAD) STATE SEE DETAIL F QC N PAGE 2 s9g ��� 001153-1 S84034'47"E (RAD) \ C3 I I S59°59'37"E (RAD C2)�\\ 9g c� S62°5O'50"E (RAD C� ti \ \ c, �Z DK 001 1 53-01 -01 217.4 7' S890 57'24"W ' co �8 F Aso T - C (R1) ��� ASS- \ °30'ICE 313.72 '1 D(�T ly POINT "A' NSA Ng1° 30116'T 333.51 ' S� N AVENUE _ - �- • _ _ �� cs CURVE DATA: 1 9.79' LINC�L , 1 „W 564.72'- — - — LINE DATA* # RADIUS DELTA LENGTH Cl 42.77' 54021'06" 40.57' C2 50.00' 24035'09" 21.46' C3 50.00' 18°22'40" 16.04' C4 110.00' 84030'35" 162.25' C5 1 50.00' 84' 38'1 8" 221 .58' C6 210.00' 29' 57'49" 1 09.83' C7 210.00' 16'51'56" 61.82' C8 1500.00' 09'12'53" 241.24' C9 210.00' 46049'46' 171.65' 580° 44 3 (R1) END DESCRIPTION AND JOIN EXISITNG STATE RIGHT OF WAY, ALSO BEING THE MOST SOUTHERLY LINE OF SEGMENT 4 OF RELINQUISHMENT R120018, AS SHOWN IN BOOK 13, PAGES 40 # BEARING DISTANCE L1 S07028'02"E 40.00' L2 S82031'58"W 18.42' L3 I N40046'32"E 15.00' THROUGH 43 INCLUSIVE OF THE STATE HIGHWAY MAP BOOK STATE OF CALIFORNIA LEGEND CALIFORNIA STATE TRANSPORTATION AGENCY ' ' ' ' ' ' ACCESS CONTROL DEPARTMENT OF TRANSPORTATION — DIRECTOR'S QUITCLAIM AREA EXHIBIT ��B�� (RAD) RADIAL P.O.B. POINT OF BEGINNING DK 001153-01-01 AND 001153-1 P 0 C POINT OF COMMENCEMENT PAGE R/W RIGHT OF WAY NOT TO SCALE 112 E AVENUE ydlL.82H3R 58„W 310.61 279.01 16.45' -- C9 15.15' -i m 00 Lu M � A 001153-1 �I z M � I M O O N I u' 19 �9O 99° O; / NOT TO SCALE \ / 6) '9° O ° 30' 16 E / CURVE DATA: i� ' \ 0 - NOT TO SCALE 0.54 0.62' / _/-N23025'48"WI N55025'24 W O° .� 6 DETAIL SHEET VJILSH,RE AVENUE / 1 86.06' S82° 31 58 W ➢6 �0 � 9 0O DD73852-02-01 POINT "A" Ng1 # RADIUS DELTA LENGTH C9 210.00' 46049'46" 171.65' 12.43' N18°25'43"W \ Q SO 6�1 °.0 O \ •S0- 217.47' S89057'24"W - STATE OF CALIFORNIA CALIFORNIA STATE TRANSPORTATION AGENCY DEPARTMENT OF TRANSPORTATION EXHIBIT "B" DK 001153-01-01 AND 001153-1 NOT TO SCALE I PAGE 2/2 Number DK 00 1153-01 -01 This conveyance is executed pursuant to the authority vested in the Director of Transportation by law and, in particular, by the Streets and Highways Code. Dated APPROVED AS TO FORM AND PROCEDURE By ATTORNEY DEPARTMENT OF TRANSPORTATION STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION Director of Transportation Attorney in Fact This Space Reserved for California Transportation Commission Certification 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. 2026-018 adopted at a regular meeting provided by law, of the Anaheim City Council held on the 31d day of March, 2026 by the following vote of the members thereof: AYES: Mayor Aitken and Council Members Leon, Balius, Rubalcava, Kurtz Maahs and Meeks NOES: None ABSTAIN: None ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand this 4tn day of March, 2026. K OF THE CITY OF ANAHEIM (SEAL)