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92-227 RESOLUTION NO. 92R~227 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING THAT THE CONSIDERATION FOR THE SALE OF THE PROPERTY THEREUNDER IS BELOW FAIR VALUE BUT IS DEEMED APPROPRIATE, GIVEN THE BENEFITS TO THE COMMUNITY PROVIDED UNDER THE EXCHANGE AGREEMENT AND THE REDUCTION OF REDEVELOPMENT AGENCY MAINTENANCE COSTS ASSOCIATED WITH THE PROPERTY; AND APPROVING THE TRANSFER OF SUCH PROPERTY. 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 exchange certain real property (the "Site"), described in Attachment 1, pursuant to an Exchange Agreement between the Agency and Vineyard Historic Homes (the "Developer"), to complete a development project under a previously approved Disposition and Development Agreement between the Agency and Developer. WHEREAS, the Agency and the Developer have entered into a Disposition and Development Agreement, dated as of September 25, 1990 and as subsequently amended, whereby the Agency agreed to convey to the Developer ten parcels of real property and the Developer agreed to rehabilitate the historic houses and sell to owner-occupants; and WHEREAS, the Developer has entered an agreement to sell to an owner-occupant a certain parcel of real property located at 200 North Philadelphia Street° Such parcel was acquired pursuant to the Disposition and Development Agreement and is improved with a rehabilitated historic house; and WHEREAS, the City of Anaheim, a California municipal corporation and chartered city (the "City"), in cooperation with the Agency for the implementation of the redevelopment plan for the Alpha Redevelopment Project (the "Street Parcel"), has constructed a public street on a portion of the property in order to create a cul-de-sac at the end of Philadelphia Street; and WHEREAS, the Agency is the owner of a certain strip of real property adjacent to the Property which is landscaped but is not suitable for development thereon, as more particularly described on Exhibit hereto and incorporated herein (the "Remnant Parcel"). The Agency is obligated by the City Code to maintain the landscaping on the Remnant Parcel; and --1-- WHEREAS, The City has approved a lot line adjustment which would adjust the boundaries of the lot line of the Property to include the Remnant Parcel and allow for the road and public utility easement; and WHEREAS, by the Exchange Agreement, the Agency desires to grant fee title to the Remnant Parcel to the Developer, and in consideration thereof, the Developer desires to grant to the city an easement to the Street Parcel; and WHEREAS, the Exchange Agreement contains all the p~ovisions, terms, conditions, and obligations required by State and local law; and WHEREAS, 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 conveyance of the Site, pursuant to the Exchange Agreement, and the conveyance of an easement for road and public utility improvements to the City of Anaheim; and WHEREAS, the Agency has prepared a Summary Report setting forth the cost and value of the Site to the Agency, the estimated value of the interest to be conveyed determined at the highest uses permitted and the purchase price, and has made said Summary available for public inspection in accordance with Section 33433 of the California Community Redevelopment Law; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANAHEIM, AS FOLLOWS: 1. Based upon the foregoing review, the city Council hereby finds and determines as follows: A. The City Council hereby finds and determines that the consideration for 6onveyance of the site is below fair market value but is deemed appropriate, given the benefits to the community and the reduction in maintenance costs to the Agency and is in conformance with the Exchange Agreement and the Disposition and Development Agreement. B. The conveyance of the Site pursuant to the Exchange Agreement is hereby apprgved. -2- THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim, this 3rd day of November , 1992. CI~Y~H MAYOR OF THE EIM ATTEST: CITY CLERK OF THE ~ITY OF ANAHEIM -3- RESO-4 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. 92R-227 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 3rd day of November, 1992, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Simpson, Ehde, Pickler, Daly and Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor Pro Tern of the City of Anaheim signed said Resolution No. 92R-227 on the 4th day of November, 1992. IN WITNESS WHEREOF, I have hereunto set my hand and 8:ffixed the official seal of the City of Anaheim this 4th day of November, 1992. (SEAL) I, LEONORA N. SOHI.,, Cite Clerk of the City of Anaheim, do hereby certify that the foregoi~ng is the original of Resolution No. 92R-227 was duly passed and adopted by the City Council of the City of Anaheim on November 3, 1992. CITY CLERK OF THE CITY OF ANAHEIM