RES-2011-105 This Document was electronically recorded by
City of Anaheim
Recorded in Official Records, Orange County
Tom Daly, Clerk- Recorder
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WHEN RECORDED MAIL TO: 2011000365101 12:02pm 07/27/11
66 406 R28 4
CITY CLERK 0.00 0.00 0.00 0.00 9.00 0.00 0.00 0.00
CITY OF ANAHEIM
200 S. Anaheim Blvd. Suite 217
Anaheim, CA 92805
EXEMPT GOVERNMENT AGENCY Per Gov't Code 6103 SPACE ABOVE THIS LINE FOR RECORDER'S USE
Resolution 2011 -105
(Abandonment No. ABA 2010 - 00196)
RESOLUTION NO. 2011- 105
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM FINDING THAT IT IS IN THE BEST INTEREST OF
THE CITY TO AUTHORIZE THE SALE OF CITY OWNED
PROPERTY, AND AUTHORIZE THE CITY TO ENTER INTO A
PURCHASE AND SALE AGREEMENT WITH LARRY P.
BENVIN AND MARY J. BENVIN (ABA 2010 - 00196).
WHEREAS, the City of Anaheim ( "City ") owns that certain property, consisting of
approximately 4,000 square feet, located at 9600 West Random Drive, in the City of Anaheim,
California, as more particularly shown in Exhibit "A" attached hereto and incorporated herein
(hereinafter referred to as the "Property "); and
WHEREAS, the remnant /surplus Property has been used by the City as a water well
site that has been destroyed pursuant to Well Completion Report No. 904202; and
WHEREAS, the Property will be sold "as is" and acceptance of the Grant Deed by
Larry P. Benvin and Mary J. Benvin will be deemed as its acceptance as to the physical condition of
the Property; and
WHEREAS, the Property is no longer required for municipal purposes; and
WHEREAS, California Government Code Section 54222 provides that any state or
local agency disposing of surplus land shall, prior to disposing of that property, send a written offer
to sell or lease the property to certain governmental agencies, non - profit organizations, and
affordable housing sponsors, unless the property is determined to be "exempt surplus land" under
California Government Code Section 54221; and
WHEREAS, California Government Code Section 54221 defines "exempt surplus
land" as any property that is: (i) less than 5,000 square feet in area, (ii) less than the minimum legal
residential building lot size, or 5,000 square feet in area, whichever is less, or (iii) has no record
access and is less than 10,000 square feet in area; and is not contiguous to land owned by a state or
local agency that is used for park, recreational, open - space, or low -and moderate - income housing. if
the surplus land is not sold to an owner of contiguous land, it is not considered "exempt surplus
land" and is subject to the provisions of Government Code section 54222; and
WHEREAS, the Parcel qualifies as "exempt surplus land" for the following reasons:
(i) the Parcel is less than 5,000 square feet in area, (ii) the Parcel does not meet the minimum lot size
for residential development, (iii) the Parcel is not contiguous to land owned by a state or local agency
that is used for park, recreational, open- space, or low -and moderate- income housing, and (iv) the
Parcel is being sold to an owner of contiguous land; and
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WHEREAS, on February 9, 2011, notice was sent to all City Departments and the
Anaheim Redevelopment Agency (the "Agency ") advising of the City's intent to dispose of the
Parcel. The notice requested that City Departments or the Agency provide written notification of
their interest in purchasing the Parcel within 30 days from the date of the notice; and
WHEREAS, the City did not receive written notification from any City Department or
the Agency declaring its interest in purchasing the Parcel.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Anaheim finds and determines, for the above stated reasons, that it is in the best interest of the City
to sell the Property and hereby authorizes the sale of the Property.
BE IT FURTHER RESOLVED that the City Council hereby authorizes the City to
enter into a Purchase and Sale Agreement with Larry P. Benvin and Mary J. Benvin for the purchase
of the Property.
THE FOREGOING RESOLUTION is approved and adopted by the City Council of
the City of Anaheim this 19thday of July , 2011, by the following roll call vote:
AYES: Mayor Tait, Council Members Sidhu, Eastman, Galloway and Murray
NOES: None
ABSENT: None
ABSTAIN: None
CITY OF ANAHEIM
MAYOR OF THE CITY OF ANAHEIM
ATTES .
CITY CLERK OF THE CITY OF ANAHEIM
84509.1 /bmorley
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Exhibit "A"
LOCATION MAP
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