RES-2012-081 RESOLUTION 2012- 081
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING AN AGREEMENT FOR THE PURCHASE
AND SALE OF REAL PROPERTY BY AND BETWEEN THE CITY
OF ANAHEIM AND THE ORANGE COUNTY TRANSPORTATION
AUTHORITY; AUTHORIZING THE PUBLIC WORKS DIRECTOR TO
NEGOTIATE THE TERMS OF AND ENTER INTO ANY
AGREEMENTS CONSISTENT WITH THE AGREEMENT FOR THE
PURCHASE AND SALE OF REAL PROPERTY; AUTHORIZING THE
PUBLIC WORKS DIRECTOR, OR HER DESIGNEE, TO EXECUTE
AND ADMINISTER SUCH AGREEMENTS; AND MAKING
CERTAIN OTHER FINDINGS IN CONNECTION THEREWITH.
WHEREAS, the Orange County Transportation Authority ( "OCTA ") is the owner
of real property consisting of approximately 13.581 ± acres (Assessor's Parcel No. 232 - 072 -03,
232 - 072 -04 and 386 - 521 -15) located at 1750 South Douglass Road, in the City of Anaheim,
County of Orange, California, together with all improvements constructed in, on, under or above
the real property, more particularly described on Exhibit "A" attached hereto (the "Site "); and
WHEREAS, the City of Anaheim (the "City ") is interested in purchasing the Site
in order to develop the Anaheim Regional Transportation Intermodal Center ( "ARTIC "); and
WHEREAS, the ARTIC project is anticipated to serve as a multi -modal
transportation center with civic space and commercial elements to accommodate customers of
public transportation services, including Amtrak, Metrolink and OCTA buses, as well as other
public /private bus carriers, shuttles, bicycles, pedestrians, Anaheim Rapid Connection (a fixed
guideway system)„ and high -speed train (the "Project "); and
WHEREAS, the City and OCTA have been working cooperatively on the
development of ARTIC since 2005; and
WHEREAS, the City wishes to purchase the Site in order to provide single
ownership of the ARTIC Site and enable the efficient development, construction, and
implementation of a comprehensive ARTIC Project; and
WHEREAS, the purchase price of the Site is $32,500,000.00; and
WHEREAS, OCTA has agreed to sell the Site to the City; and
WHEREAS, the City wishes to enter into an Agreement for the Purchase and Sale
of Real Property ( "Purchase and Sale Agreement ") with OCTA for purchase of said Site; and
WHEREAS, the City has considered all the terms and conditions of the proposed
Purchase and Sale Agreement and believes that the purchase of the Site is in the best interests of
the City of Anaheim and the health, safety, and welfare of its residents, and in accord with the
public purposes and provisions of applicable state and local laws and requirements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ANAHEIM:
Section 1. City finds and determines the foregoing recitals are true and correct and are a
substantive part of this Resolution.
Section 2. The City hereby approves the Purchase and Sale Agreement by and between the
City of Anaheim and the OCTA, with such changes as mutually agreed upon by the Public
Works Director (or her duly authorized representative), the City Attorney, and the OCTA, as are
minor and in substantial conformance with the form of the Purchase and Sale Agreement which
has been submitted herewith. The Public Works Director and City Clerk are hereby authorized
to execute and attest the Purchase and Sale Agreement, including any related attachments, on
behalf of the City. In such regard, the Public Works Director (or her duly authorized
representative) is authorized to sign the final version of the Purchase and Sale Agreement after
completion of any such non - substantive, minor revisions. Copies of the final form of the
Purchase and Sale Agreement, when duly executed and attested, shall be placed on file in the
office of the City Clerk. Further, the Public Works Director (or her duly authorized
representative) is authorized to implement the Purchase and Sale Agreement and take all further
actions and execute all documents referenced therein and /or necessary and appropriate to carry
out the Purchase and Sale Agreement. The Public Works Director (or her duly authorized
representative) is hereby authorized to the extent necessary during the implementation of the
Purchase and Sale Agreement to make technical or minor changes and interpretations thereto
after execution, as necessary to properly implement and carry out the Purchase and Sale
Agreement.
Section 3. In addition to the authorizations above, the Public Works Director is hereby
authorized, on behalf of the City, to sign all other documents necessary or appropriate to carry
out and implement the Purchase and Sale Agreement.
Section 4. City confirms that previously - certified Final Environmental Impact Report No.
343 together with the Addendum prepared in connection with the Anaheim Regional
Transportation Center Project are adequate to serve as the required environmental documentation
for said Project and satisfy all the requirements of the California Environmental Quality Act
( "CEQA ").
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THE FOREGOING RESOLUTION is approved and adopted by the City Council
of the City of Anaheim this 10 day of July, 2012, by the following roll call vote:
AYES: Council Members Sidhu, Galloway, Fastman and Murray
NOES: None
ABSENT: None
ABSTAIN: Mayor Tait
CITY OF ANAHEIM
BY: /
(Z
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
ag /A Ohl /AP
CITY LERK OF THE CITY • F NAHEIM
90539.1/bmorley
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EXHIBIT A
LEGAL DESCRIPTION
The real property in the City of Anaheim, County of Orange, State of California,
described as follows:
PARCEL 1 OF PARCEL MAP NO. 98 -106, IN THE CITY OF ANAHEIM, COUNTY
OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN
BOOK 303, PAGES 39 THROUGH 44, INCLUSIVE OF PARCEL MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT THEREFROM ALL MINERALS, GAS, OIL, PETROLEUM, NAPTHA AND
OTHER HYDROCARBON SUBSTANCES IN AND UNDER THE ABOVE
DESCRIBED STRIP OF LAND, TOGETHER WITH ALL NECESSARY AND
CONVENIENT RIGHTS TO EXPLORE FOR, DEVELOP, PRODUCE, EXTRACT,
AND TAKE THE SAME, SUBJECT TO THE EXPRESS LIMITATIONS THAT ANY
AND ALL OPERATIONS FOR THE EXPLORATION, DEVELOPMENT,
PRODUCTION, EXTRACTION, AND TAKING OF ANY OF SAID SUBSTANCES
SHALL BE CARRIED ON AT LEVELS BELOW THE DEPTH OF 100 FEET FROM
THE SURFACE OF THE ABOVE DESCRIBED STRIP OF LAND, BY MEANS OF
MINES, WELLS, DERRICKS, AN /OR OTHER EQUIPMENT FROM SURFACE
LOCATIONS ON ADJOINING OR NEIGHBORING LAND LYING OUTSIDE OF
THE ABOVE DESCRIBED STRIP OF LAND, AND SUBJECT FURTHER TO THE
EXPRESS LIMITATION THAT THE FOREGOING RESERVATION SHALL IN NO
WAY BE INTERPRETED TO INCLUDE ANY RIGHT OF ENTRY IN AND UPON
THE SURFACE OF THE ABOVE - DESCRIBED STRIP OF LAND, AS MORE
PARTICULARLY SET FORTH IN THAT CERTAIN DOCUMENT RECORDED
MARCH 28, 1961 IN BOOK 5670, PAGE 113 OF OFFICIAL RECORDS.
APN: 232 - 072 -03, 232 - 072 -04, AND 386 - 521 -15
EXHIBIT A